Loan Surety Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Surety Agreement

"I need a Loan Surety Agreement for a corporate parent company guaranteeing a £5 million business loan to its subsidiary, with specific provisions for multiple guarantors and cross-border enforcement between UK and German entities."

Document background
A Loan Surety Agreement is commonly used when a lender requires additional security for a loan beyond the borrower's own covenant. This document, governed by English and Welsh law, creates a legally binding guarantee where the surety commits to fulfilling the borrower's obligations if they default. The agreement typically includes details of the underlying loan, the extent of the guarantee, enforcement procedures, and any limitations on the surety's liability. It's particularly important in business lending, property transactions, and situations where the borrower's creditworthiness alone may not satisfy the lender's requirements.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement including the lender, borrower, and surety

2. Background: Sets out the context of the loan and surety arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Surety Obligations: Details the extent and nature of the surety's guarantee

5. Principal Debt: Describes the loan being guaranteed

6. Duration: Specifies the term of the guarantee

7. Enforcement: Sets out circumstances and procedures for enforcing the guarantee

8. Governing Law: Specifies applicable law and jurisdiction

Optional Sections

1. Multiple Sureties: Required when more than one surety is involved, detailing joint and several liability

2. Security: Details any additional security provided by the surety

3. Indemnity: Additional protection for the lender beyond the guarantee

Suggested Schedules

1. Principal Loan Agreement: Copy or details of the underlying loan being guaranteed

2. Security Details: Details of any security provided (if applicable)

3. Notice Requirements: Forms and procedures for serving notices under the agreement

4. Guarantee Limitations: Any specific limitations or caps on the guarantee amount

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

Clauses
Industries

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

Unfair Contract Terms Act 1977: Regulates exclusion and limitation clauses in contracts, particularly important when dealing with business-to-consumer agreements

Consumer Credit Act 1974: Regulates consumer credit agreements and provides specific protections for individual sureties in consumer lending contexts

Financial Services and Markets Act 2000: Governs regulated financial activities and may be applicable if the loan involves regulated financial services

Common Law Contract Principles: Fundamental principles including consideration, offer and acceptance, and intention to create legal relations

Guarantee and Indemnity Principles: Legal principles governing the distinction between primary and secondary obligations, and rights of subrogation and contribution

Consumer Rights Act 2015: Modern legislation establishing fairness requirements and transparency obligations, particularly relevant when one party is a consumer

Financial Services Act 2021: Recent legislation that may impact loan agreements depending on the nature of the financial transaction

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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