How we may assist
- Review the guarantee, lender instructions and related facility or transaction documents where relevant
- Explain the nature and extent of the guarantor’s personal liability
- Identify continuing, capped, unlimited or other material guarantee provisions
- Explain key enforcement, indemnity, security and waiver provisions appearing in the document
- Complete the lender’s independent-advice certificate where the lender’s requirements can properly be met
When this service may be useful
- A company lender requires a director or shareholder to provide a personal guarantee.
- A commercial transaction requires independent advice before a guarantee can be signed.
- You want to understand how the guarantee could affect your own assets if the principal borrower defaults.
- The lender has provided a prescribed solicitor certificate or witnessing requirement.
What you can expect
We focus on the specific legal task you want completed. We review the available information, identify any important date, clarify the outcome you are seeking and then confirm the proposed work before substantive time is incurred.
- Guarantee and lender-instruction review
- Independent advice meeting
- Personal-risk explanation
- Certificate/confirmation where lender requirements are satisfied
How it works
- Send the essentials: a concise summary, the key document and any deadline.
- Suitability check: we assess whether the requested task falls within our lawful and professional scope.
- Scope and price: we confirm what is included, important exclusions, who will undertake or supervise the work and the fee or charging basis.
- Advice or drafting: we complete the agreed work and explain the practical next step.
- Referral where required: if reserved, separately regulated or specialist work is needed, we explain that clearly rather than extending the service beyond its proper scope.
Scope and regulatory limits
The lender or requesting organisation controls whether a particular adviser, process and certificate will be accepted. We require the complete guarantee and relevant instructions before confirming the appointment. Advice on the commercial merits of the underlying borrowing, tax, insolvency or financial planning is outside this defined service unless separately agreed and appropriate.
Whether an activity is reserved or separately regulated depends on the substance of the work, not merely the name used for the service. We therefore assess the requested task before accepting instructions.
Discuss this service
Tell us what has happened, the outcome you want and any deadline. We will confirm whether Phrasing Legal can assist and, if so, the proposed scope and fee.
