Independent Legal Advice

When a financial institution lends money to a company it will often require a personal guarantee to be given by the individuals involved. If it becomes necessary to enforce payment from the third party the lender will want to be sure that the third party cannot claim they did not understand the documentation they have signed or that they did not know they would be personally responsible for repayment.

This is the reason that the lender requires the guarantor to receive independent legal advice. The guarantor may also be required to give a charge over their property as security for the money it is lending. The same situation will apply and you will be required to take independent legal advice.

If a bank is lending to an individual and requires a charge over property, the joint owner will be required to receive independent legal advice. The documents on which we commonly advise are as follows:

• Occupier’s consent

• Occupier’s waiver

• Deeds of postponement

• Guarantor’s advice

• Personal guarantees

• Debentures and legal charges

• Third party charges

Please contact Zubair Dharamsi by telephone on 0208 972 8820 or email: zd@roselegal.co.uk