Yuill + Kyle is a subsidiary of Morton Fraser MacRoberts LLP

Looking to make a payment? Log in to our Customer Portal

Thu 14 Jul 2022

Personal Guarantees

If you are not content about offering credit other than on a cash on delivery basis you may consider in respect of limited liability companies taking a personal guarantee from the company's directors who are often, in small companies, the main shareholders too.

Obviously the company directors have to be willing to grant such a guarantee and, of course, a guarantee will only be as good as the director's ability to honour it. So in this situation you should satisfy yourself that the company director will be good for the sum guaranteed. You should establish whether any judgments have been registered against the director and whether or not he has any assets, in particular whether or not he owns his house and what, if any loans are secured over it. What you wish to avoid is having a worthless personal guarantee but adequate investigation should establish the wherewithal of the guarantor.

Such personal guarantees should be in writing, see third party guarantee.

Make an Enquiry

From our offices we serve the whole of Scotland, as well as clients around the world with interests in Scotland. Please complete the form below, and a member of our team will be in touch shortly.

Morton Fraser MacRoberts LLP will use the information you provide to contact you about your inquiry. The information is confidential. For more information on our privacy practices please see our Privacy Notice