Birmingham Midshires ILA certificate for mortgage guarantees
If Birmingham Midshires has asked you to obtain an Independent Legal Advice certificate before you sign a personal guarantee (or guarantee and indemnity), we can help.
We advise directors, shareholders and family members who are asked to give personal guarantees in support of company mortgages and property transactions.
Why Birmingham Midshires requires independent legal advice
The purpose of the ILA certificate is to confirm to Birmingham Midshires that:
- you have received independent legal advice before signing
- your identity has been checked
- you understand the nature and effect of the guarantee and the personal risks involved
This protects the lender and ensures the guarantor signs with a full understanding of the legal and financial consequences.
What we cover in the ILA meeting
We explain the documents in plain English and make sure you understand:
- what you are guaranteeing, and whether the wording includes an indemnity
- the scope of liability (capital, interest, default interest, legal costs and enforcement costs)
- what happens if the borrower company defaults
- how Birmingham Midshires can enforce against you personally
- the practical and financial impact on you (credit, borrowing capacity, personal assets)
You will have the chance to ask questions. After the meeting, we confirm the advice in writing.
Video meeting or in person
We can usually conduct Birmingham Midshires ILA by video conference (subject to the certificate wording and lender requirements).
You must show your original passport or driving licence on screen during the video meeting.
If the documents require a wet-ink signature, particular witnessing, or posting of originals, we will set out the steps clearly.
What we need from you in advance
For each guarantor, please send:
- passport or driving licence (copy)
- a utility bill or council tax bill (copy) not more than 3 months old
- the mortgage offer
- the guarantee and any indemnity wording
- the ILA certificate supplied by the lender or the acting solicitors
During the video meeting, you must show your original passport or driving licence.
Witness ID requirement
Some Birmingham Midshires ILA certificates require evidence of the witness’s identity after the guarantee has been signed and witnessed.
If this applies, you will need to send us a copy of the witness ID (passport or driving licence). We will confirm this once we have seen the certificate wording.
Fixed fee
Our fixed fee (where the documents are materially the same and relate to the same lender and transaction structure) is:
- £400 plus VAT
- Plus £12 for next-day delivery of the signed certificate or documents to the solicitors
If there are additional guarantors, additional documents, or the transaction structure differs, we will confirm any revised fee before the meeting is booked.
Timescales and booking
We can often arrange appointments at short notice, including by video conference, provided we receive the documents in advance.
To book, please email us:
the documents listed above
your preferred appointment times
We will confirm the fee, the process, and then send a video meeting invitation.
Usually no. We can usually deal with Birmingham Midshires ILA by video conference, subject to the lender certificate requirements. We will confirm after reviewing the documents.
A copy of your passport or driving licence, and a utility bill or council tax bill not more than 3 months old. You must also show your original passport or driving licence during the video meeting.
The lender or the acting solicitors usually provide the ILA certificate. If one has not been provided, we will tell you what is needed.
A guarantee is a promise to pay the borrower’s debt if the borrower does not. An indemnity can be wider and can operate as a primary obligation. We explain the difference and why it matters.
Some lender certificates require confirmation of the witness’s identity. If required, you will need to send a copy of the witness’s passport or driving licence after the guarantee has been signed and witnessed.