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Understanding Business

Signing a "Personal Guarantee" Can Undo the Protection of Having a Registered Company

A suretyship, or personal guarantee, is a separate agreement where an individual, often a director, personally promises to pay a company's debt if the company fails to — commonly required by banks and suppliers for small or newly registered companies.

Signing a personal guarantee effectively removes the limited liability protection a company structure is meant to provide, for that specific debt. This is one of the most consequential documents small business owners sign without fully appreciating the personal financial exposure it creates.

Frequently Asked Questions

Is signing a personal guarantee for a business loan common in South Africa?

Yes — banks and many suppliers commonly require a personal guarantee from directors of small or early-stage companies before extending credit or a loan.

Does a personal guarantee apply to all of a company's debts, or just the specific loan it's tied to?

It typically applies only to the specific debt or credit facility named in the agreement, not automatically to every debt the company might incur elsewhere.

Can a personal guarantee be negotiated or limited before signing?

Sometimes — a director can try to negotiate a capped amount, a time limit, or release conditions before signing, though the lender isn't obliged to agree.

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