Frequently Asked Questions
What is independent advice?
Independent advice is generally advice on documents such as a personal guarantee where the person signing it needs advice separate to that provided to the borrower who may be a company.
Why is independent advice needed?
Usually one solicitor will be acting for a borrower who may be a company and the lender needs to be satisfied that any parties giving personal guarantees, have had separate advice from an independent solicitor as the other solicitor cannot provide advice to both parties because there is a conflict of interests.
Which documents do we need advice on?
That depends on the transaction but usually it is a personal guarantee but it could include a legal charge, debenture, share charge, deed of priority and others.
How is the advice given?
Advice will be given in writing and there will be a video consultation.
Can all documents be signed electronically?
It will depend on the instructions which are usually from a lender. Some allow documents to be signed by DocuSign and others require wet signatures on the documents.
What documents will we need to provide?
For us to be able to advise, we need copies of the loan agreements and any other documentation provided by the lender.
Does each guarantor need separate advice?
Yes, guarantors need separate advice.
What will the costs be?
It will depend on the advice needed but will per charged per person.
Can you provide advice if I am oversees?
Yes, it does not matter where you are (subject to individual restrictions in certain countries).