Release Of Guarantee Agreement for the United Kingdom

Release Of Guarantee Agreement Template for England and Wales

A Release of Guarantee Agreement is a legal document governed by English and Welsh law that formally discharges a guarantor from their obligations under an existing guarantee. It provides legal certainty to all parties that the guarantor's obligations have been terminated and protects against future claims under the original guarantee. The document typically includes details of the original guarantee, the scope of the release, and any conditions that must be met for the release to be effective.

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What is a Release Of Guarantee Agreement?

A Release of Guarantee Agreement is utilized when parties wish to formally terminate a guarantor's obligations under an existing guarantee arrangement. This document is particularly important in England and Wales where formal documentation of such releases is required for legal certainty. The agreement specifies the original guarantee being released, the effective date of release, and any conditions that must be satisfied. It may be needed in various scenarios such as refinancing, corporate restructuring, or when a guaranteed obligation has been satisfied. The document should be carefully drafted to ensure compliance with English law requirements for the release to be effective.

What sections should be included in a Release Of Guarantee Agreement?

1. Parties: Identification of guarantor being released, beneficiary of guarantee, and original debtor

2. Background: Details of original guarantee, reason for release, and any related transactions

3. Definitions: Key terms used in the agreement including Original Guarantee, Released Obligations, Effective Date

4. Release: Core provision releasing guarantor from obligations under the guarantee

5. Effectiveness: When and how the release takes effect

6. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Release Of Guarantee Agreement?

1. Conditions Precedent: Conditions that must be met before release becomes effective - use when release is contingent on specific events or actions

2. Partial Release: Specific obligations being released while others remain - use when only certain obligations under the guarantee are being released

3. Representations and Warranties: Statements about authority, capacity, and other relevant matters - use in complex transactions or when required by parties

4. Continuing Obligations: Any obligations that survive the release - use when certain obligations are intended to continue

What schedules should be included in a Release Of Guarantee Agreement?

1. Original Guarantee: Copy or details of the guarantee being released

2. Related Security Documents: List of any related security or collateral documents affected by the release

3. Corporate Authorizations: Copies of relevant board resolutions or other authorization documents

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

Release Agreement

Cost

Free to use
Industries

Statute of Frauds 1677: Section 4 requires guarantees to be in writing and signed to be enforceable. The release of a guarantee should similarly be properly documented in writing.

Law of Property (Miscellaneous Provisions) Act 1989: Section 1 requires certain documents to be executed as deeds. Consideration needed whether the release should be executed as a deed to avoid any issues with consideration.

Common Law Contract Principles: Fundamental principles including consideration requirements, capacity of parties, and intention to create legal relations must be considered in the release agreement.

Companies Act 2006: If any party is a company, must consider execution requirements, authority requirements, and company capacity issues.

Financial Services and Markets Act 2000: Relevant if the guarantee relates to regulated financial activities, ensuring compliance with financial services regulations.

Insolvency Act 1986: Important for considering if release could be challenged as a preference or transaction at undervalue, and the impact of any insolvency proceedings.

Unfair Contract Terms Act 1977: Ensures that no terms in the release agreement could be considered unfair or unreasonable under the Act.

Consumer Rights Act 2015: Applicable if any party to the release is acting as a consumer rather than in business capacity, ensuring consumer protection provisions are met.

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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