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What are Personal and Corporate Guarantees?

November 7, 2018 • 3 min read

In this article, we’ll illustrate what personal and corporate guarantees are, and how they can help provide downside protection for lenders.

What are personal and corporate guarantees?

With a personal guarantee, an individual agrees to be held contractually responsible if a borrower falls behind on repaying a loan. Similarly, a corporate guarantee represents an agreement where a corporate entity agrees to be held responsible.

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What are the benefits for borrowers and lenders?

For lenders, the inclusion of a personal or corporate guarantee helps provide downside protection. In the event the borrower can’t repay the loan, the lender benefits from the added security of being able to recoup all or part of the loan amount from the person or corporate entity who provided the guarantee (known as the “guarantor”). For borrowers, adding a personal or corporate guarantee to a loan can help reduce the interest rate charged by the lender. A guarantee can also help borrowers become eligible for a loan that they otherwise may not have qualified for, thanks to the extra security provided by the guarantee.

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Here’s a hypothetical example of how a personal guarantee works:

Imagine that a business, Greater Phoenix Real Estate Partners, wants to borrow money to purchase a large commercial building. Alex, who owns 85% of Greater Phoenix Real Estate Partners and serves as CEO, approaches a lender to discuss a loan. After evaluating several factors, including the commercial real estate that would serve as collateral, the lender offers Greater Phoenix Real Estate Partners a loan with an annual interest rate of 11%. That’s a bit higher than the business was hoping to pay, so Alex asks about providing a personal guarantee. After completing due diligence and confirming that Alex has a substantially large personal net worth (more than $5 million, for example), the lender agrees to lower the interest rate to 9% on the condition that Alex provide a personal guarantee. Alex agrees and the loan is funded. After six months, Greater Phoenix Real Estate Partners falls behind on repaying its loan. Because of the guarantee, the lender can work to recoup the funds it is owed by pursuing Alex’s personal assets. The exact language of the personal guarantee that Alex initially signed determines how much can be collected.

Conclusion

Many YieldStreet investment offerings are backed by a personal guarantee from the borrower, oftentimes by the CEO of the borrowing company. The personal guarantee is usually derived from his or her large personal net worth, similar to what we’ve illustrated above.

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