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Personal Guarantee Promissory Note for the United Kingdom

Personal Guarantee Promissory Note Template for England and Wales

A Personal Guarantee Promissory Note is a legally binding document under English and Welsh law that combines a personal guarantee with a promise to pay. It serves as both an acknowledgment of debt and a guarantee of payment, providing the beneficiary with enhanced security through personal liability. The document is governed by strict formal requirements under English law, including the need for writing and signatures as per the Statute of Frauds 1677 and the Bills of Exchange Act 1882.

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What is a Personal Guarantee Promissory Note?

A Personal Guarantee Promissory Note is commonly used in lending and credit arrangements where additional security is required beyond standard contractual obligations. This document, governed by English and Welsh law, combines the features of a promissory note with a personal guarantee, making it particularly useful for securing business loans, private lending arrangements, and other credit facilities. It includes specific payment terms, guarantee provisions, and often incorporates security arrangements. The document provides creditors with enhanced protection by creating personal liability and a clear acknowledgment of debt, while ensuring compliance with relevant legislation including the Bills of Exchange Act 1882 and the Law of Property Act 1925.

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

1. Parties: Identification of guarantor and beneficiary

2. Background: Context of the guarantee and underlying obligation

3. Definitions: Key terms used in the document

4. Promise to Pay: Core payment obligation and amount

5. Payment Terms: Timeline and method of payment

6. Guarantor's Obligations: Scope and extent of guarantee

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

1. Security Provisions: Details of any security provided, used when guarantee is secured

2. Interest Provisions: Terms for interest charges, if applicable

3. Assignment Rights: Rights to transfer the guarantee, if permitted

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

1. Payment Schedule: Detailed breakdown of payment instalments if applicable

2. Security Details: Description of any security assets if guarantee is secured

3. Underlying Obligation: Details of the primary obligation being guaranteed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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