Personal Guarantee

Do I Need Independent Legal Advice for a Personal Guarantee?

If you’re a company director or business owner applying for finance, you may be asked to sign a personal guarantee. This is a serious legal commitment — and one that lenders will not accept without proof that you’ve received Independent Legal Advice (ILA). But why is this required, and what should you expect?

What Is a Personal Guarantee?

A personal guarantee is a legally binding promise that you will personally repay a business loan if the company cannot. This means your personal assets — including your home — may be at risk if the business defaults.

Why ILA Is Mandatory for Personal Guarantees

Lenders require ILA to ensure:

  • You understand the extent of your liability

  • You are aware of the risks to your personal finances

  • You are signing freely and independently

  • The guarantee is legally enforceable

Without ILA, the lender may refuse to release funds.

Key Risks You Should Be Aware Of

Signing a personal guarantee can have significant consequences:

  • You may be liable for the full outstanding debt

  • Your personal credit rating may be affected

  • The lender may pursue you even if the business closes

  • Joint guarantors may each be liable for the full amount

Understanding these risks is essential before signing.

What Happens During a Personal Guarantee ILA Appointment?

A solicitor will:

  • Review the guarantee document

  • Explain your obligations and potential liabilities

  • Confirm you are signing voluntarily

  • Complete and sign the lender’s ILA certificate

The process is straightforward and can be completed online.

Conclusion

If you’re signing a personal guarantee, ILA is not optional — it’s a vital step that protects both you and the lender. It ensures you fully understand the commitment you’re making.

Need urgent ILA for a personal guarantee? We offer same‑day appointments with immediate certificate delivery.

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