The time limit on a director’s guarantee can vary depending on the terms outlined in the agreement.
What is a director’s guarantee?
A director’s guarantee is a legal commitment made by a director to take on personal liability for specific obligations of the company. When a director provides a guarantee, they agree to be held personally responsible for the repayment of a debt if the company fails to do so.
When is a guarantee needed?
A director’s guarantee might be needed in various situations from obtaining business loans and commercial leases to trade credit and contractual obligations, such as service contracts or agreements for goods, where the company’s creditworthiness is a concern.
Upon applying for a bank loan, for example, the bank will look at the financial viability of the business and determine that its assets might not be able to cover the loan. This is when a director’s personal guarantee is needed. If you require more information on a directors personal guarantee, please visit Parachute Law for advice.
Is the duration specified in the agreement?
The duration of the guarantee can be specified within the agreement. Some guarantees might have a time frame, meaning that they expire after a certain period or upon the repayment of the loan. Other guarantees might be ongoing until they are released or discharged, often through mutual agreement between the parties involved.
It’s crucial for directors to carefully review and understand the terms associated with any guarantee. Simply Business outlines seven of the best current business loans here.
Should a director seek legal advice?
Director’s guarantees are significant commitments. Before agreeing to such guarantees, a director should fully understand the obligations they are undertaking and consider seeking legal advice so they are aware of the potential risks involved.