Personal Guarantee Settlement Agreement for the United Kingdom

Personal Guarantee Settlement Agreement Template for England and Wales

A Personal Guarantee Settlement Agreement is a legally binding document under English and Welsh law that facilitates the settlement and discharge of obligations under an existing personal guarantee. It sets out the terms under which a guarantor can be released from their guarantee obligations, typically through a negotiated payment or arrangement. The agreement includes detailed provisions for payment terms, release conditions, and mutual obligations, providing certainty and finality to all parties involved.

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What is a Personal Guarantee Settlement Agreement?

The Personal Guarantee Settlement Agreement is used when parties wish to conclude and settle obligations arising from a personal guarantee. This document is particularly relevant in situations where the original guarantee needs to be terminated through a negotiated settlement, rather than through full payment of the underlying debt. Under English and Welsh law, this agreement provides a framework for documenting the settlement terms, release provisions, and any ongoing obligations. It's commonly used in business restructuring, debt settlements, and when guarantors seek to negotiate a final settlement of their guarantee obligations.

What sections should be included in a Personal Guarantee Settlement Agreement?

1. Parties: Identifies and defines all parties to the agreement including the guarantor, creditor, and any other relevant parties

2. Background: Sets out the context of the original guarantee, the current situation, and reason for settlement

3. Definitions: Defines key terms used throughout the agreement including Original Guarantee, Settlement Sum, and Release Date

4. Settlement Terms: Details of the settlement amount, payment terms, timing, and method of payment

5. Release Provisions: Terms of release from the original guarantee, including scope of release and effective date

6. Governing Law and Jurisdiction: Confirms the agreement is governed by English and Welsh law and courts

What sections are optional to include in a Personal Guarantee Settlement Agreement?

1. Conditions Precedent: Conditions that must be met before settlement becomes effective, used when settlement is contingent on specific events or actions

2. Warranties and Representations: Statements of fact by parties regarding their capacity, authority, and financial status

3. Confidentiality: Provisions regarding confidentiality of settlement terms and related communications

4. Tax Provisions: Treatment of tax implications and responsibilities for tax payments arising from the settlement

What schedules should be included in a Personal Guarantee Settlement Agreement?

1. Schedule 1 - Original Guarantee: Copy or details of the original guarantee being settled

2. Schedule 2 - Payment Schedule: Detailed schedule of installment payments if settlement is not a lump sum

3. Schedule 3 - Related Security Documents: List and copies of any related security documents affected by the settlement

4. Schedule 4 - Settlement Amount Calculation: Detailed breakdown showing calculation of final settlement figure

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

Cost

Free to use
Industries

Statute of Frauds 1677: Section 4 requires guarantees to be in writing and signed to be enforceable. Essential legislation for both the original guarantee and settlement agreement.

Contracts (Rights of Third Parties) Act 1999: Governs how the settlement may affect rights of third parties. May require explicit addressing of third party rights in the agreement.

Limitation Act 1980: Sets time limits on enforcement of contracts and legal claims. Important for determining validity of claims being settled.

Law of Contract Fundamentals: Core principles including consideration, intention to create legal relations, capacity, and offer and acceptance that must be satisfied for valid contract formation.

Financial Services and Markets Act 2000: Relevant when settlement involves regulated financial entities or services. Sets regulatory framework for financial activities.

Consumer Credit Act 1974: Applicable if the original guarantee was consumer-related. Provides consumer protection in credit arrangements.

Insolvency Act 1986: Relevant for settlements involving insolvent parties or insolvency situations. Governs treatment of guarantees in insolvency.

Unfair Contract Terms Act 1977: Controls unfair terms in business-to-business guarantees. Important for ensuring settlement terms are fair and enforceable.

Consumer Rights Act 2015: Applicable if the guarantor is acting as a consumer. Provides additional protections and rights for consumers.

Misrepresentation Act 1967: Governs false statements or representations made in reaching settlement. Provides remedies for misrepresentation in contract formation.

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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