---
title: "Guarantor independent legal advice letter and solicitor's certificate"
url: "https://ailawframework.com/precedents/banking-and-finance/guarantor-independent-advice-letter"
type: "precedent"
site: "AI Law Framework"
id: "a3-guarantor-independent-advice-letter"
area_id: "A3"
kind: "letter"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/banking-and-finance/guarantor-independent-advice-letter  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Banking & Finance](https://ailawframework.com/precedents/banking-and-finance.md)
- Jurisdictions: Australia, United Kingdom (England and Wales)
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for Australia and United Kingdom (England and Wales).

## 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

## Authorities

- [Garcia v National Australia Bank Ltd 1998 HCA 48; (1998) 194 CLR 395](https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/garcia-v-national-australia-bank-ltd)
- [Australian Banking Association, Banking Code of Practice (2025) Pt B6, paras 100–118](https://www.ausbanking.org.au/banking-code/)
- [National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) Pt 3 Div 2, ss 54–61 (guarantees)](https://www.legislation.gov.au/C2009A00134/latest/text)
- [Australian Securities and Investments Commission Act 2001 (Cth) s 12CB (unconscionable conduct in connection with financial services)](https://www.legislation.gov.au/C2004A00819/latest/text)
- [Royal Bank of Scotland plc v Etridge (No 2) 2001 UKHL 44](https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011011/etridg-1.htm)

## Official form

[Official form](https://www.ausbanking.org.au/banking-code/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/banking-and-finance/guarantor-independent-advice-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*