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.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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