What do personal guarantees mean for business borrowing?
In this article, we’ll break exactly what a personal guarantee is, and run you through some of the risks and benefits associated.
0
min read
In this article, we’ll break exactly what a personal guarantee is, and run you through some of the risks and benefits associated.
0
min read
If you’re looking to take out finance for your business, many lenders will ask you for a personal guarantee. This means you act as guarantor for your business’s debt. A personal guarantee can help you access more finance options as it reduces risk for the lender, but it also means that you’re personally liable if your business can’t repay the loan.
Taking on this kind of obligation can seriously impact your own personal finances, credit score and ability to borrow in future, so it’s essential to understand how personal guarantees work before you sign one. Here we’ll explain the steps you should take before signing one and alternative options that might be available to you.
A personal guarantee is a promise made between a business owner or executive and a lender. This agreement is legally binding and states that you as the owner of the business will be personally responsible for repaying the debt if the business either defaults on payments or faces insolvency.
A guarantee can be for the full value of the loan or just a percentage (as little as 20%), providing an extra level of security for the lender – meaning they may be more willing to issue credit with a back up plan in place, in case the company goes insolvent.
A personal guarantee is a form of collateral for the lender and is usually required for unsecured business loans. The personal guarantee takes the place of assets to ensure that the lender can recoup the debt if needed.
Some of the most common scenarios where a lender may request a personal guarantee include:
Agreeing to a personal guarantee is a serious decision to make but it can also bring opportunities which may have previously been out of reach.
By committing to a personal guarantee, you’re offering more security to the lender. This could be the incentive they need to lend you money and be the difference between accessing credit or not.
By reducing the risk for the lender and agreeing to guarantee the debt, you may be able to access better terms for the loan, such as a lower interest rate or a higher credit threshold.
Signing a personal guarantee can help get the money you need to support your goals, such as your next stage of growth. If you’re being turned down elsewhere, this could be one of the few ways to help realise your business’ potential.
Small businesses are riskier to lend to, and as a result may find it difficult to get an unsecured business loan. However, by agreeing to a personal guarantee, you could be improving your chances, as it’s an extra layer of reassurance for the lender that the debt will be repaid.
Just like a standard business loan, the business will need to pay it off. But, if this falls through, the individual will be responsible for paying up.
Understanding the potential consequences should also form a big part of your decision-making so you can decide whether it’s worth it.
Even if you’re confident your business will be able to keep up with the repayments, things may not work out that way. In business, the unexpected can happen, and with little warning.
If your company becomes insolvent, it will be your responsibility to step up and make the repayments yourself. And if you’re not in a situation to comfortably do so, this can result in long-lasting financial problems, such as bankruptcy.
Before committing to a personal guarantee, it’s essential to thoroughly evaluate several critical factors to ensure you fully understand the implications and risks involved.
While personal guarantee terms are largely set by the lender, there is scope for negotiation if you’re keeping up your end of the deal. After all, the guarantee is meant to reduce risk for the lender - if you can show that you’re a reliable customer, they may amend the guarantee.
For example, you can negotiate to end the guarantee sooner than the term of the loan if you keep up payments consistently or overpay on payments.
A personal guarantee by a director means that the director of a company is personally liable to repay the debt when their business is unable to.
For a company director to enter this agreement, it usually indicates that they have great confidence in their business. Despite agreeing to be personally responsible, they will assume that they will never actually need to use their own personal assets to repay a loan.
But even if you have confidence in your business, agreeing to a personal guarantee is a significant decision which should never be made lightly. After all, most businesses are affected by unexpected peaks and troughs, so there will always be a chance (even if it is small) that repayments need to default to the guarantor and their personal capital.
This method, however, can help to unlock funds which may otherwise be unattainable. But to access it, you risk blurring the lines between personal finance and business finance – something which most would prefer to keep separate.
Yes – as soon as a personal guarantee is in writing and signed by the guarantor, then it becomes an enforceable contract.
In the event of a company’s insolvency, the individual will be given a timeframe to pay the outstanding payment. If this isn’t met, then there may be legal proceedings against you.
As long as stated in the contract. It may also become unenforceable after a limitation period, after which the creditor won’t be able to claim. But again, this will be dependent on the contract.
Every personal guarantee is different – so it really is important to make sure you understand the agreement and get legal advice before signing on the dotted line.
When taking out a business credit card, you may be asked to sign a personal guarantee. This will particularly be the case for small businesses, as the credit card issuer is taking more of a risk.
However, this won’t be the case every time. There are no-personal-guarantee business credit cards available, so it would be worth doing your research.
Signing a personal guarantee shouldn’t affect your personal credit if all the repayments are made on time. However, this might not be the case if your business falls behind on the repayments. In this situation, you’d be liable to pay the debt. This could result in a loss of savings, loss of your home and your bank accounts being frozen. If these personal assets aren’t enough to cover the outstanding debt, you may be made bankrupt, which would of course negatively impact your credit rating.
In this article, we’ll break exactly what a personal guarantee is, and run you through some of the risks and benefits associated.