Michigan Personal Guaranty of Corporation Agreement to Pay Consultant

State:
Multi-State
Control #:
US-60754
Format:
Word; 
Rich Text
Instant download

Description

Guarantor unconditionally and absolutely guarantees to consultant, the full and prompt payment and performance by a third party of all of its obligations under and pursuant to the Agreement, together with the full and prompt payment of any and all costs and expenses of and incidental to the enforcement of this Guaranty, including, without limitation, reasonable attorneys' fees.
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FAQ

Here's a short list of what should be included in every consulting contract:Full names and titles of the people with whom you're doing business. Be sure they're all spelled correctly.Project objectives.Detailed description of the project.List of responsibilities.Fees.Timeline.Page numbers.30-Apr-2014

The main technical requirement for a guarantee to be valid is that it must be in writing and signed by the guarantor or a person authorised on the guarantor's behalf.

Although not recommended, a verbal contract is not invalid per se. With certain exceptions, parties are free to create verbal agreements that are legally binding. The statute of frauds provides that some agreements must be in writing for a party to maintain a lawsuit on the basis of the parties' agreement.

To be enforceable as a personal guaranty, the signatory must sign the guaranty in his or her personal capacity and not as the president or CEO of the company receiving the loan, which is its own legal entity, separate and apart from the people that run and operate it.

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.

A guarantee must be in writing (or evidenced in writing) and signed by the guarantor or a person authorised by the guarantor (section 4, Statute of Frauds 1677). Guarantees and indemnities are often executed as deeds to overcome any argument about whether good consideration has been given.

The mutual assent of two or more parties, competency to contract and valuable consideration. An offer to guarantee must be accepted, either by express or implied acceptance. If a surety's assent to a guarantee has been procured by fraud by the person to whom it is given, there is no binding contract.

Most importantly, to be enforceable, a personal guaranty must meet certain criteria. A personal guaranty must be in writing and it must be signed by the guarantor in the guarantor's personal capacity. Though seemingly obvious, this important issue cannot be overlooked.

Guarantee. 1) v. to pledge or agree to be responsible for another's debt or contractual performance if that other person does not pay or perform.

The consulting agreement is an agreement between a consultant and a client who wishes to retain certain specified services of the consultant for a specified time at a specified rate of compensation. As indicated previously, the terms of the agreement can be quite simple or very complex.

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Michigan Personal Guaranty of Corporation Agreement to Pay Consultant