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Sample Personal Guarantee

A fictional capped personal guarantee and indemnity for a company credit facility, with demand, notices, protections, release and deed execution.

Jurisdiction: England and Wales illustrative example — guarantees, deeds, consumer protections and financial formalities require local advice

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

PERSONAL GUARANTEE AND INDEMNITY

Important notice

This fictional example is an educational illustration and not legal advice or a universally enforceable guarantee. A guarantee may require consideration, a deed, signature in the presence of an independent witness, corporate authority, prescribed consumer-credit wording, registration or independent advice. The creditor should verify the guarantor's identity and capacity, and the guarantor should obtain separate legal advice before signing. Mandatory law can override this document.

1. Parties and underlying facility

This deed is made on 20 November 2026 by Samuel David Whitmore of 27 Fernbank Road, Reading RG1 7QA (the Guarantor) in favour of Crownbridge Finance Limited, company number 09174420, registered office at 55 Merchant Street, London EC2R 7HA (the Creditor). The principal debtor is Amberline Catering Limited, company number 12890641, registered office at 9 Riverside Works, Reading RG2 0AA (the Borrower), of which the Guarantor is a director but not the sole shareholder.

The Creditor has agreed a revolving credit facility letter dated 20 November 2026 with the Borrower. The facility has a maximum principal limit of £120,000, interest at 8.25 percent per year, a commitment fee of 0.75 percent per year on undrawn amounts, and a final repayment date of 30 November 2029, as varied only in writing (the Facility). The Borrower must use drawings for kitchen equipment, payroll and ordinary working capital at its three Reading restaurants.

2. Guarantee

In consideration of the Creditor making and continuing the Facility available, the Guarantor irrevocably and unconditionally guarantees that the Borrower will pay every Guaranteed Amount when due. If the Borrower does not pay an amount when due, the Guarantor must pay it to the Creditor within five business days after written demand. The Creditor need not first sue the Borrower, realise security or prove insolvency, subject to any mandatory rule requiring those steps.

Guaranteed Amounts include unpaid principal, contractual interest, default interest at no more than the lawful rate, reasonable enforcement costs and fees properly incurred in protecting or enforcing this deed. The Guarantor is liable only for amounts that the Borrower genuinely owes under the Facility and not for an increase in the principal limit or a material extension agreed after this deed without the Guarantor's written consent.

3. Independent indemnity

As a separate primary obligation, the Guarantor indemnifies the Creditor against direct loss suffered because a Guaranteed Amount is not recoverable or the Facility obligation is invalid, ineffective or unenforceable for a reason relating to the Borrower, including incapacity or a transaction being set aside. The indemnity does not cover loss caused by the Creditor's fraud, wilful misconduct or breach of a non-excludable duty, and it remains subject to the Liability Cap.

4. Liability cap and duration

The maximum aggregate liability under the guarantee and indemnity is £150,000, inclusive of principal, interest, costs and all other amounts. The cap does not include a payment already made by the Guarantor and does not permit double recovery. The Creditor must credit every recovery from the Borrower or another guarantor. This deed covers drawings made before 30 November 2029 and any unpaid amount properly demanded before that date. It ends when the Facility is irrevocably paid in full or the Creditor releases the Guarantor in writing, except for claims already notified.

5. Preservation of liability

The Guarantor's liability is not discharged by time, indulgence, a payment arrangement, amendment that does not increase the principal limit or materially extend the final repayment date, insolvency, a change in ownership or management of the Borrower, or release of another security, to the extent permitted by law. The Creditor must notify the Guarantor within 15 business days after becoming aware of a payment default exceeding £10,000 and provide a current statement on reasonable request. Failure to give that notice does not waive a claim but the Creditor must act reasonably to avoid unnecessary loss.

The Guarantor may seek contribution from the Borrower or a co-guarantor after paying, but must not exercise rights that prejudice the Creditor before the Facility is paid in full. The Guarantor may request copies of material Facility statements and notices, subject to confidentiality and data-protection law.

6. Demands, notices and payment

A demand must identify the Borrower, the Facility, the amount claimed, the calculation date and the account for payment. Notices to the Guarantor must be delivered by hand, recorded post to 27 Fernbank Road, Reading RG1 7QA, or email to samuel.whitmore@example.test with a paper copy posted the same day. A notice is treated as received on delivery, two business days after posting, or on an electronic delivery confirmation, unless the sender receives an error. Payment must be made in pounds sterling without set-off except where law requires otherwise.

7. Representations and advice

The Guarantor confirms that he has received the Facility summary, understands the commercial risk, has had a reasonable opportunity to obtain independent legal and financial advice, and is signing voluntarily. He confirms that entering this deed does not knowingly breach another binding obligation. These statements do not remove any statutory protection or prevent a court from applying an unfair-contract, undue-influence, insolvency or other mandatory rule.

8. Governing law and execution

This deed is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory jurisdictional protection. The parties must confirm whether this form is suitable where the Guarantor acts as a consumer or where the Facility is regulated. Delivery of this deed occurs on the date stated above only after the Guarantor signs it in the required manner.

Execution by the Guarantor as a deed

Signed and delivered as a deed by Samuel David Whitmore in the presence of:

Guarantor signature: ____________________ Date: 20 November 2026

Witness signature: ____________________ Witness name: Rachel Anne Field

Witness address: 14 Maple Crescent, Reading RG1 5LT Witness occupation: Solicitor

Witness date: 20 November 2026

Acceptance by the Creditor

For Crownbridge Finance Limited, by Michael Thomas Grant, authorised officer:

Signature: ____________________ Date: 20 November 2026

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