Loan Guarantor Agreement for the United Kingdom

Loan Guarantor Agreement Template for England and Wales

A Loan Guarantor Agreement is a legally binding document under English and Welsh law where a third party (the guarantor) agrees to assume responsibility for the borrower's debt obligations if they default on their loan payments. The agreement outlines the terms and conditions of the guarantee, including the scope of the guarantor's liability, the circumstances triggering the guarantee, and the rights and obligations of all parties involved. It provides security to the lender while establishing clear parameters for the guarantor's responsibilities.

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What is a Loan Guarantor Agreement?

A Loan Guarantor Agreement becomes necessary when a lender requires additional security beyond the borrower's own covenant. Under English and Welsh law, this document establishes a secondary obligation where the guarantor commits to fulfilling the borrower's loan obligations if they fail to do so. The agreement is particularly common in situations where the borrower's creditworthiness alone may not satisfy the lender's requirements. The document must comply with the Statute of Frauds 1677 and, where applicable, consumer protection legislation.

What sections should be included in a Loan Guarantor Agreement?

1. Parties: Identifies and defines the Lender, Borrower, and Guarantor

2. Background: Explains the context of the loan and guarantee arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Guarantee and Indemnity: Core terms of the guarantee obligation

5. Scope of Guarantee: Extent and limitations of the guarantee

6. Guarantor's Obligations: Specific duties and responsibilities of the guarantor

7. Duration: Term of the guarantee and conditions for termination

8. Governing Law and Jurisdiction: Specifies applicable law and courts

What sections are optional to include in a Loan Guarantor Agreement?

1. Security Provisions: Details of any security provided by the guarantor - include when guarantee is secured against assets

2. Multiple Guarantors: Provisions for joint and several liability - include when there is more than one guarantor

3. Guarantee Limitations: Specific caps or restrictions on liability - include when guarantee amount is limited

What schedules should be included in a Loan Guarantor Agreement?

1. Principal Agreement: Copy or details of the underlying loan agreement

2. Security Details: Description of any security provided by the guarantor

3. Guarantor's Statement of Assets: Financial statement of guarantor's assets and liabilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use
Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be made in writing and signed to be legally enforceable

Consumer Credit Act 1974: Regulates consumer credit agreements, including form and content requirements and consumer protections for credit-related guarantees

Unfair Contract Terms Act 1977: Controls and regulates unreasonable exclusion clauses and ensures fairness in contractual relationships

Consumer Rights Act 2015: Governs consumer contracts and unfair terms, particularly relevant if the guarantor is acting as a consumer

Common Law Principles: Essential principles covering contract formation, consideration, and capacity to contract that apply to guarantee agreements

Financial Services and Markets Act 2000: Relevant legislation when the loan involves regulated financial services

FCA Regulations: Regulatory requirements that must be considered if the loan is provided by an FCA-regulated entity

Money Laundering Regulations 2017: Regulations governing identity verification requirements in financial transactions including guarantees

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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