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Consent Letter For Loan Guarantor Template for England and Wales

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Key Requirements PROMPT example:

Consent Letter For Loan Guarantor

"I need a Consent Letter For Loan Guarantor for my company's upcoming property development loan of £2.5M, where my business partner will act as guarantor, to be completed before March 2025 and governed by English law."

What is a Consent Letter For Loan Guarantor?

The Consent Letter for Loan Guarantor is a crucial document in English and Welsh lending practices, used when a third party agrees to guarantee a loan. This document is essential for protecting both the lender and guarantor by clearly documenting the guarantor's informed consent. It typically includes acknowledgment of the loan terms, confirmation of independent legal advice, and understanding of the potential risks and obligations. The letter ensures compliance with legal requirements and provides evidence of the guarantor's voluntary commitment to the guarantee arrangement.

What sections should be included in a Consent Letter For Loan Guarantor?

1. Guarantor Details: Full legal name, address, and contact information of the guarantor

2. Loan Reference: Details of the loan being guaranteed including amount, terms, and borrower information

3. Consent Statement: Clear statement of guarantor's consent and understanding of obligations

4. Acknowledgment of Rights: Statement confirming guarantor understands their rights and responsibilities

5. Independent Legal Advice: Confirmation whether independent legal advice has been received

What sections are optional to include in a Consent Letter For Loan Guarantor?

1. Spouse/Partner Consent: Required when guarantor's property rights may affect spouse/partner

2. Asset Declaration: When specific assets are being used as security

3. Credit Check Authorization: When lender requires permission to conduct credit checks

What schedules should be included in a Consent Letter For Loan Guarantor?

1. Loan Agreement Summary: Summary of key terms of the main loan agreement

2. Legal Advice Certificate: If independent legal advice has been obtained, certificate from advisor

3. Identity Verification: Copies of identification documents for anti-money laundering purposes

Authors

Alex Denne

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

Relevant legal definitions




















Clauses


















Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be made in writing and signed to ensure enforceability of the guarantee agreement

Consumer Credit Act 1974: Regulates credit agreements and related guarantees, providing consumer protection measures and specific requirements for form and content when private individuals are involved

Financial Services and Markets Act 2000: Governs regulated financial activities, affecting format and content requirements for loan guarantees within regulated sectors

Unfair Contract Terms Act 1977: Controls and restricts unreasonable exclusion clauses to ensure fairness in contractual relationships between parties

Consumer Rights Act 2015: Ensures fairness in consumer contracts and provides protection against unfair terms in consumer agreements

FCA Regulations: Financial Conduct Authority guidelines that must be followed for regulated lending, including specific requirements for documentation and process

Common Law Principles: Fundamental legal principles including consideration, capacity to contract, and clear intention to create legal relations

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal information and privacy considerations in contractual arrangements

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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