A guarantee is an undertaking by one person (the guarantor) to perform an obligation of another person (a borrower or other debtor), given in favour of the person to whom that obligation is owed (the beneficiary). A guarantee is what is known as a “secondary” obligation – this means that the guarantor is only liable if the borrower or debtor has failed to perform the “primary” obligation, which is the obligation of the borrower or debtor which has been guaranteed. In the context of a loan agreement, a guarantee is an undertaking from the guarantor to the lender that the borrower will perform the borrower’s obligations under the loan agreement, the most relevant obligation being to repay the loan and interest. If the borrower does not pay, the guarantor will perform the obligation itself and make the payment instead of the borrower.

Why are guarantees also given as indemnities?

Guarantees are almost always drafted both as a guarantee and as an indemnity. Unlike a guarantee, an indemnity is a “primary” obligation – it is an undertaking from one person (the guarantor) to pay the beneficiary if the beneficiary suffers loss as a consequence of a specified event. In the case of an indemnity which is part of a guarantee for a loan, the specified event is the non-payment of the loan or other breach of the loan agreement. As a primary obligation of the guarantor, the indemnity is independent of the obligations of the debtor or borrower. An indemnity should, unlike a guarantee, remain in effect should the underlying loan agreement or equivalent transaction be set aside or if the borrower is somehow discharged from its obligations under the loan agreement.

What are the formalities of a guarantee?

A guarantee must be in writing and signed by the guarantor (or the guarantor’s agent). It is usual also for a guarantee to be executed as a deed, to avoid an argument that it lacks contractual consideration.

When do I use this document? for a guarantee to be given by a company for the obligations of another company under a loan agreement for a guarantee in the form of a standalone Deed of Guarantee where both guarantor and borrower are incorporated in England and Wales What are the key features? 14 clauses over 6 pages standalone deed of guarantee guarantee undertakings given by way of both guarantee and indemnity standard creditor protections for the continuing effect of the guarantee What other documents are available? For a form of guarantee to be given by an individual (as opposed to a company), see Guarantee: individual guarantor For a guarantee clause to be included in a loan or other agreement, see Guarantee: contract clause .

Deed of Guarantee: corporate guarantor

Name: Deed of Guarantee - corporate guarantor
SKU: FIN005.001
Price: 35.00 GBP
Availability: InStock

Guarantee from a company (as opposed to an individual) for a corporate borrower’s obligations under a loan agreement. The guarantee is in the form of a standalone Deed of Guarantee between the guarantor and the lender.

for a guarantee to be given by a company for the obligations of another company under a loan agreement
for a guarantee in the form of a standalone Deed of Guarantee
where both guarantor and borrower are incorporated in England and Wales

What are the key features?

14 clauses over 6 pages
standalone deed of guarantee
guarantee undertakings given by way of both guarantee and indemnity
standard creditor protections for the continuing effect of the guarantee

What other documents are available?

For a form of guarantee to be given by an individual (as opposed to a company), see

Guarantee: individual guarantor

For a guarantee clause to be included in a loan or other agreement, see

Guarantee: contract clause.

Description

When do I use this document?

for a guarantee to be given by a company for the obligations of another company under a loan agreement
for a guarantee in the form of a standalone Deed of Guarantee
where both guarantor and borrower are incorporated in England and Wales

What are the key features?

14 clauses over 6 pages
standalone deed of guarantee
guarantee undertakings given by way of both guarantee and indemnity
standard creditor protections for the continuing effect of the guarantee

What other documents are available?

For a form of guarantee to be given by an individual (as opposed to a company), see

Guarantee: individual guarantor

For a guarantee clause to be included in a loan or other agreement, see

Guarantee: contract clause.

Explanatory Guides

As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use.

£35.00 exc VAT

Updated by a lawyer on 05/09/2024

Updated By a lawyer on 01/05/2023

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Deed of Guarantee: corporate guarantor

When do I use this document?

What are the key features?

What other documents are available?

When do I use this document?

What are the key features?

What other documents are available?

Explanatory Guides

As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use.

Create your document in 3 Easy Steps

PaperRock offers affordable, legal document templates, written by experienced and expert lawyers, trusted by businesses across the UK and beyond. No hidden charges or trial sign-ups are required to complete your document.

“I have worked in legal and business affairs for over 25 years and need access to a wide range of corporate and commercial legal precedents. Paperrock is a refreshing source of high-quality legal templates. Superb value for money.”

Amanda | Bannister Creative

“It’s hard to find legal documents on the internet you can really trust. Knowing an expert lawyer has drafted what I need, gives my business the edge and gives me peace of mind.”

Elle, Founder | Winslow skincare & aesthetics.

“As an SME Paperrock saves us the legal fees we’ve previously had to spend. In these challenging times that's a big help. Great products and support.”

Giles, MD | Boniti Ltd.

Related Articles

Deed of Guarantee: corporate guarantor

When do I use this document?

What are the key features?

What other documents are available?

When do I use this document?

What are the key features?

What other documents are available?

Explanatory Guides

As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use.

Create your document in 3 Easy Steps

PaperRock offers affordable, legal document templates, written by experienced and expert lawyers, trusted by businesses across the UK and beyond. No hidden charges or trial sign-ups are required to complete your document.

“I have worked in legal and business affairs for over 25 years and need access to a wide range of corporate and commercial legal precedents. Paperrock is a refreshing source of high-quality legal templates. Superb value for money.”

Amanda | Bannister Creative

“It’s hard to find legal documents on the internet you can really trust. Knowing an expert lawyer has drafted what I need, gives my business the edge and gives me peace of mind.”

Elle, Founder | Winslow skincare & aesthetics.

“As an SME Paperrock saves us the legal fees we’ve previously had to spend. In these challenging times that's a big help. Great products and support.”

Giles, MD | Boniti Ltd.

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