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Promissory Note Cosigner Agreement for the United Kingdom

Promissory Note Cosigner Agreement Template for England and Wales

A Promissory Note Cosigner Agreement is a legally binding document under English and Welsh law that establishes the terms and conditions under which a cosigner guarantees the repayment obligations of a primary debtor under a promissory note. The agreement outlines the cosigner's responsibilities, rights, and liabilities, including circumstances of default and enforcement mechanisms. It provides security to the creditor by adding another party legally responsible for the debt.

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What is a Promissory Note Cosigner Agreement?

A Promissory Note Cosigner Agreement is essential when a primary borrower requires additional security for their loan obligations. This document, governed by English and Welsh law, is commonly used when the primary debtor's creditworthiness alone is insufficient to secure the loan. The agreement details the cosigner's commitment to fulfill the payment obligations if the primary debtor defaults, specifying the extent of liability, payment terms, and enforcement rights. It provides crucial protection for creditors while clearly defining the responsibilities of all parties involved.

What sections should be included in a Promissory Note Cosigner Agreement?

1. Parties: Identifies primary debtor, cosigner, and creditor with their full legal names and addresses

2. Background: Explains context of original promissory note and cosigner arrangement, including reference to the original debt

3. Definitions: Defines key terms used throughout agreement including 'Promissory Note', 'Principal Amount', 'Default', etc.

4. Cosigner Obligations: Details the extent and nature of cosigner's liability, including joint and several liability provisions

5. Payment Terms: Specifies payment schedule, amounts, methods, and circumstances triggering cosigner's payment obligation

6. Default Provisions: Outlines consequences of default, enforcement rights, and remedies available to the creditor

7. Execution: Signature blocks and witnessing requirements for all parties

What sections are optional to include in a Promissory Note Cosigner Agreement?

1. Collateral: Used when specific assets secure the obligation, including description and terms of security

2. Insurance Requirements: Specifies required insurance coverage for any collateral or other insurable interests

3. Notice Requirements: Details communication procedures between parties, including method and timing of notices

What schedules should be included in a Promissory Note Cosigner Agreement?

1. Schedule 1 - Original Promissory Note: Copy of the primary promissory note being guaranteed

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment dates, amounts, and calculation of interest if applicable

3. Schedule 3 - Collateral Description: Detailed description of any security provided, including registration details if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions
























Clauses























Industries

Law of Property Act 1925: Primary legislation governing creation and enforcement of security interests in England and Wales

Consumer Credit Act 1974: Legislation governing consumer credit agreements and guarantees, applicable if the promissory note involves consumer credit

Limitation Act 1980: Sets statutory time limits for enforcing contractual rights, generally 6 years for simple contracts

Contracts (Rights of Third Parties) Act 1999: Governs the rights of third parties to enforce contractual terms

Contract Law Fundamentals: Common law principles covering offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Law of Agency: Common law principles governing the relationship between primary debtor and cosigner

Financial Services and Markets Act 2000: Regulatory framework applicable if the arrangement falls within regulated activities

FCA Regulations: Financial Conduct Authority regulations applicable if the arrangement involves regulated financial services

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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