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Guarantee & Indemnity – Independent Solicitor’s Certificate

Graceville Lawyers provide advice to guarantors, including guarantors who have been requested to provide a lender with an Independent Solicitor’s Certificate.

A guarantor is someone who promises that they will perform the obligations of another.  Guarantors are often the directors of companies that they own or principals or beneficiaries of trusts that they control, but not always.  Sometimes guarantors are friends or relatives of the parties who are borrowing.

An Independent Solicitor’s Certificate is a certificate given by a solicitor to a lender to confirm that they have provided a guarantor with advice about the guarantee and other documents.  Ordinarily the advice that the lender requires the guarantor to obtain includes advice about the guarantee, the loan documentation and the lender’s standard terms as they apply to the loan and the guarantee.  There is usually a substantial amount of documentation that is required to be reviewed before the Certificate can be completed. While many of the documents are ‘standard’, in that they are repetitively used by lenders, the Certificate’s terms require that they actually be reviewed by the Solicitor with the guarantor.

For advice on guarantees, we attempt to provide the advice and complete the Certificate in one meeting.  To allow us to prepare for the meeting, the documents need to be provided to us at least one business day beforehand.

Please note that:

  • As the advice is sensitive and personal it needs to be given face to face.
  • Photographic identification and/or other identification equivalent to 100 points must be brought to the meeting.
  • If a separate Certificate is required by each guarantor, then the guarantors must be seen separately.
  • All documentation that the lender requires to be covered in the Certificate must be provided before the meeting so they can be reviewed and explained to each guarantor.
  • Given the amount of documentation required to be reviewed, advice sessions generally take between 1 to 2 hours for each set of guarantee documents – we ask that you set aside 2 hours as a minimum.
  • Each guarantor should read through the documents before the advice session.  This is required for the Certificate to be provided, and it also assists the guarantor to ask relevant questions before signing the documents.
  • Copies will be taken of the guarantee and other documentation before and during the meeting.
  • We provide an Independent Solicitor’s Certificate in accordance with the recommendations of the Queensland Law Society (this form can be found here).
  • We charge a fixed fee and payment of our fees is required at the time of the meeting.
  • If you need advice on other matters relating to the transaction or searches undertaken, we can arrange to provide this but it will generally necessitate a higher fee and more than one meeting.
  • As our advice will be provided to the guarantor with their interests in mind, we should not meet with the borrower.

Fees: A fixed fee applies for each guarantor/set of guarantee documentation that needs to be reviewed. Please contact us for a quote.

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(c) Graceville Lawyers

(c) Graceville Lawyers