Letter · Banking & Finance
Guarantor independent legal advice letter and solicitor's certificate
Letter confirming independent advice to an individual guarantor, a solicitor’s certificate, and an interview file-note checklist, reflecting Garcia, the 2025 Banking Code guarantee protections and the National Credit Code.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Australia, United Kingdom (England and Wales)
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an individual (for example a director, spouse, parent or business partner) is asked to guarantee or give security for another person’s debt and the lender requires independent legal advice. Do not use if the firm also acts for the borrower or lender in the transaction.
How AI may be used
Lawyer-led. The solicitor must personally advise the guarantor and sign the certificate. AI may help prepare the explanatory letter from the documents.
AI may
- Summarise the guarantee, mortgage and loan terms into a plain-English schedule with clause references
- Identify the guarantee limit, whether it covers future advances, and any security over the guarantor’s home
- Prepare a question list for the interview from the documents
AI must not
- Must not generate any part of the solicitor’s certificate or record what the guarantor said
- Must not assess the guarantor’s understanding, capacity or freedom from pressure
- Must not process the guarantor’s personal financial information in an unapproved tool
The lawyer checks
- Advice given in person or by video in the absence of the borrower, with an interpreter if needed
- Letter reflects the advice actually given and the guarantor’s actual questions
- Certificate signed only by the solicitor who gave the advice, in the lender’s required form where one is specified
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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