Business LendingBureau

Glossary

Personal guarantee

A promise, signed by you as an individual, that you will repay the business's debt personally if the business does not. It puts your own assets behind the loan, regardless of whether the business is an LLC or a corporation.

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Personal guarantee: A promise, signed by you as an individual, that you will repay the business's debt personally if the business does not. It puts your own assets behind the loan, regardless of whether the business is an LLC or a corporation.

Why it matters

This is the single most consequential signature in small business lending, and the one most often skimmed. Forming an LLC or a corporation separates your personal assets from the business's liabilities — and a personal guarantee deliberately undoes that separation for this particular debt.

People form an entity precisely to avoid personal exposure, then sign that protection away on page nine of the loan documents. The entity still protects you from other claims. It does not protect you from the lender you guaranteed.

Where you will meet it

Essentially everywhere. SBA 7(a) requires a guarantee from everyone owning 20% or more. Banks require it on nearly all small business lending. Equipment lenders, lines of credit, business credit cards and merchant cash advances generally require it too.

Expecting to avoid one is usually unrealistic until the business is large, established and borrowing against substantial assets of its own. Offers promising “no personal guarantee” to a young business deserve more scrutiny, not less.

The variations that matter

TypeWhat it means for you
UnlimitedYou are liable for the entire balance plus interest, late charges and the lender's collection costs. The default form.
LimitedCapped at a stated amount or percentage. Worth asking for; rarely volunteered.
Joint and severalWith other guarantors, each of you can be pursued for the whole debt, not a share. See joint and several liability.
Validity or “bad boy”Narrower. Triggers only on fraud or specific bad acts rather than ordinary business failure.
SpringingDormant unless a defined event occurs.

If you are married

Lenders frequently ask a spouse to sign, particularly where assets are jointly held or the spouse owns part of the business. A spousal signature can expose jointly owned property that would otherwise be out of reach. This is worth real thought and, at meaningful loan sizes, worth a lawyer.

What to ask before you sign

  • Is the guarantee unlimited, or can it be capped at the loan amount?
  • Is it joint and several with my partners, and can it be several only?
  • Does it release when the loan reaches a certain balance, or only at payoff?
  • Does my spouse have to sign, and exactly what does that add?
  • What does the lender have to do before coming after me — must it exhaust the collateral first?