Promissory Note With Personal Guarantee for the United Kingdom

Promissory Note With Personal Guarantee Template for England and Wales

A legally binding document governed by English and Welsh law that combines a promissory note with a personal guarantee. It evidences a debt and contains an unconditional promise to pay a specified sum of money, supported by a personal guarantee from a third party who agrees to be liable if the primary debtor defaults. The document includes payment terms, interest rates, and enforcement provisions, providing security for the creditor through both the primary promise to pay and the backup guarantee.

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What is a Promissory Note With Personal Guarantee?

A Promissory Note With Personal Guarantee is commonly used in England and Wales when parties need to document a debt with additional security. This instrument combines two powerful elements: a promissory note establishing the primary obligation to pay, and a personal guarantee providing additional assurance of repayment. It's particularly useful in situations where the creditor requires extra security beyond the maker's promise to pay, such as in private lending, business financing, or family loans. The document typically includes specific payment terms, interest rates, default provisions, and the guarantor's obligations, making it a comprehensive tool for securing debt obligations while maintaining clarity of terms for all parties involved.

What sections should be included in a Promissory Note With Personal Guarantee?

1. Parties: Identifies the maker (promisor), payee (promisee), and guarantor

2. Promise to Pay: Unconditional promise to pay a specific sum of money

3. Payment Terms: Amount, interest rate, payment schedule, and maturity date

4. Personal Guarantee: Guarantor's commitment to fulfill the obligation if the maker defaults

5. Default Provisions: Consequences of default and acceleration clauses

6. Governing Law: Specification of English and Welsh law jurisdiction

What sections are optional to include in a Promissory Note With Personal Guarantee?

1. Security Provisions: Details of any collateral securing the note - include when the note is secured by specific assets

2. Prepayment Terms: Conditions for early repayment - include when early repayment options are allowed

3. Assignment Rights: Terms for transferring the note - include when the note may be transferred or assigned

4. Notice Provisions: Requirements for giving notice - include when formal communication procedures are needed

What schedules should be included in a Promissory Note With Personal Guarantee?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

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

3. Security Details: Description of any collateral or security arrangements

4. Specimen Signatures: Signature specimens of maker and guarantor

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

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Bills of Exchange Act 1882: Primary legislation governing promissory notes, defining valid promissory notes and setting out formal requirements and legal effects

Law of Property (Miscellaneous Provisions) Act 1989: Covers requirements for written documents (Section 1) and requirements for contracts relating to land (Section 2)

Consumer Credit Act 1974: Regulates consumer credit agreements, including requirements for form and content if the promissory note involves consumer credit

Statute of Frauds 1677: Establishes requirements for guarantees to be in writing and signed, with basic principles still relevant for personal guarantees

Unfair Contract Terms Act 1977: Sets limitations on exclusion clauses and establishes reasonableness requirements for contract terms

Financial Services and Markets Act 2000: Covers regulatory compliance requirements for regulated financial activities

Common Law Principles: Encompasses contract formation requirements, consideration, capacity to contract, and unconscionable bargains doctrine

Limitation Act 1980: Establishes time limits for enforcement and statutory periods for bringing claims

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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