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What is a personal guarantee? A personal guarantee is a legal promise. By signing a contract with this provision, you agree that you will be personally responsible for the business's debts if the loan goes into default. SBA loans require personal guarantees, as do many loans from online and traditional lenders.
A personal guarantee can be enforced the same way as any debt. If the business owner does not pay, the creditor can bring a lawsuit to receive a judgment and levy the owner's personal assets to cover the debt. The exact terms of a personal guarantee specify a creditor's options under the guarantee.
All guarantees must be given for 'consideration' The most common form of consideration is the payment (in kind or in cash) for the subject matter of the contract, whether it be rights, goods, services or otherwise.
Corporate credit cards that are issued to an individual are another example of a personal guarantee. The individual or employee is responsible for the debt that the organization takes on and the overall spending on the credit card. Here, the cardholder takes the role of a guarantor.
A continuing guaranty is a guarantee by one party in a contract providing goods or services to another party. A guarantor company may also use a continuing guaranty. The contract states that if one party fails to fulfill their part of the agreement, they will provide compensation for that failure.
A guarantor can be any party, including an individual or another organization, with a credit history. A common purpose of a personal guarantee is to allow a loan to be extended to an organization or person with either no credit history or one with a credit rating that is too poor to qualify for a loan.
In a finance or lending context, a guarantor would be forced to answer for the debt or default of the debtor to the creditor, if a debtor does not fulfill an obligation on their part to repay their debt.
The term personal guarantee refers to an individual's legal promise to repay credit issued to a business for which they serve as an executive or partner. Providing a personal guarantee means that if the business becomes unable to repay the debt, the individual assumes personal responsibility for the balance.