Independent legal advice on personal guarantees
If a lender has asked you to guarantee a company's borrowing personally, independent advice explains what you are agreeing to, what triggers a claim against you and what you would be liable for.
From £225 · one person advised
When this is useful
Situations this service is for
- A bank or commercial lender requires a director's guarantee as a condition of lending to your company.
- You are a shareholder or family member being asked to support borrowing you will not receive yourself.
- An invoice finance, asset finance or merchant cash advance provider has sent you a guarantee to sign.
- A landlord requires a personal guarantee for a commercial lease taken by a company.
- You are one of several proposed guarantors and want to understand how liability is shared.
What we do
The work itself
- Read the guarantee and any related facility letter, debenture or indemnity so the advice covers the actual package, not the guarantee in isolation.
- Explain when the lender can call on the guarantee, and what it may recover.
- Identify whether liability is capped, and what the cap does and does not cover.
- Explain the practical effect of an 'all monies' clause, joint and several liability, and any waiver of your rights against the borrower.
- Explain how, and whether, you could bring the guarantee to an end.
- Complete the lender's certificate of independent legal advice where the requirements are satisfied and we are able to do so.
Before you book
What to send us
- 01The guarantee, indemnity or security document you have been asked to sign.
- 02The facility letter, loan agreement or offer it relates to.
- 03Any certificate template or instructions the lender or its solicitors have provided.
- 04The names of the borrower, the lender and any other guarantors.
- 05Your deadline, if one has been set.
What happens
How the work runs
- 01
Identity and conflict checks
We verify your identity and confirm that we are not acting for the borrower, the lender or any other party to the transaction.
- 02
A private appointment
The appointment is with you alone. Where independence requires it, the person or company benefiting from the guarantee cannot be present.
- 03
The document, explained
We go through the obligations clause by clause where that is useful, and concentrate on what would actually have to happen for you to be asked to pay.
- 04
Your questions
There is time to ask what a term means for your particular circumstances, including your home and any jointly held assets.
- 05
Signature and certification
If you decide to proceed and the lender's requirements are met, you sign and we complete the certificate.
What you receive
Deliverables
- A private appointment with the solicitor advising you.
- A clear explanation of the obligations and the material risks.
- The completed certificate of independent legal advice, where we are able to give it.
- A written note of the advice where the circumstances call for one.
Fee
From £225
This price assumes
- One person advised
- One guarantee and its related facility letter
- A standard lender certificate
- A private video appointment of up to 60 minutes
Included
- Review of the document and any lender or transaction-solicitor requirements
- A private appointment with the solicitor advising you
- Explanation of the legal effect, the obligations and the material risks
- Completion of the certificate where the requirements are satisfied
Not included
- Negotiating the terms of the underlying transaction
- Advice to any other party to the document
- Advice on tax consequences
Prices are indicative minimums for matters within the assumptions shown. We review the document and confirm a fixed fee in writing before any work begins. No legal advice is given during the free initial assessment.
All fees and what changes themQuestions
Common questions
- Can you advise me if you also act for the company?
- No. The point of independent advice is that the solicitor advising you acts for you alone. We check this before accepting instructions.
- Will my lender accept your certificate?
- Most lenders accept a certificate from any solicitor of England & Wales, but some specify their own form of certificate or impose additional conditions. Send us their instructions and we will confirm whether we can meet them before you book.
- Can the appointment be held remotely?
- Remote appointments are available for many guarantees, subject to identity verification, the document requirements and the lender accepting the process. Where a lender requires attendance in person, we will tell you at the outset.
- Does independent advice mean you will renegotiate the guarantee?
- Not as part of this service. Independent advice is about making sure you understand what you are signing. If you want the terms challenged, say so and we will discuss whether that is a separate piece of work.
- What if, having taken advice, I do not want to sign?
- That is your decision, and the advice is complete whether or not you sign. We do not certify a signature that has not been given.
Related services
Send us the document and we will confirm whether we can assist.
You will get a straight answer on scope, fee and timing before any work begins.
Enquiries receive a response within one working day.