Deed of Guarantee and Indemnity

A personal or parent company guarantee of a customer’s or tenant’s obligations, with an indemnity, a financial limit, continuing security and clear protections – drafted to be signed as a deed.

Editable Word document
5
10pages
Guidance notes included
aml consultancy solutions

Contracts & terms

Deed of Guarantee and Indemnity

About this document

What it’s for

When you give credit to a limited company, the company alone is responsible for paying. A guarantee from a director, owner or parent company gives you a second person to recover from if the company does not pay. This deed contains both a guarantee (a promise to pay if the customer does not) and an indemnity (a separate promise to cover your losses), which gives better protection if the main contract turns out to be unenforceable.

When to use it

  • When opening a credit account for a new or small limited company
  • When granting a lease or licence to a company tenant
  • When a parent company is to stand behind a subsidiary’s contract

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  1. Definitions
  2. Guarantee
  3. Indemnity
  4. Limit
  5. Continuing security
  6. Protection of the beneficiary
  7. Payments, interest and costs
  8. Information and advice
  9. Assignment and general

How to complete it

  • Identify the customer and the obligations being guaranteed in the Schedule
  • Set a maximum amount (recommended) and decide whether the guarantee is for existing debts only or continuing
  • The guarantor signs as a deed in front of an independent witness, after being advised to take independent legal advice

Key points to check

  • A guarantee must be in writing and signed by the guarantor, or it cannot be enforced
  • If the guarantor is an individual (especially a spouse or family member), make sure they understand it and have the chance to take independent legal advice – otherwise the guarantee may be set aside

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

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Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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