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Personal Guarantees by Directors
If you have given one of your creditors a personal guarantee, it is important to know that you cannot just simply get out of them with no consequence. They carry a legal responsibility and the only way to remove such a personal guarantee is by:
- Negotiating with the lender for them to remove it
- Negotiating on payment terms
- Paying off the personal guarantee, or
- Going bankrupt
In order to ensure that you have the best possible guidance on protecting yourself legally and financially, it is vital to seek the support of an expert insolvency practitioner. Here at The Insolvency Experts, we offer a wealth of experience in such matters, with our team available for contact today by phone or email.
The wealth of legal and financial qualification across our team ensures that we operate within all of the required legal guidelines while providing cost-effective and timely guidance. Our personable financial experts ensure you are given helpful and relatable advice that keeps you up-to-speed throughout the process. We offer peace of mind at a stressful moment through working to find a financial outcome that satisfies creditors, the government, shareholders and directors whenever possible.
We understand that many companies find themselves insolvent through no fault of the directors, so if circumstances have brought on financial difficulties, we help our clients to find a workable financial solution. If you want to discuss our available insolvency practitioners Bolton services, get in touch with us today. We act on behalf of our clients to find the best possible solution to their current financial difficulties.
Our expert financial staff are available to discuss options surrounding Liquidation, Administration and a range of other services we provide, with this advice offered through a free initial consultation. Additionally, if you are seeking an estimate on the price of a Liquidation process for your company, you can make use of our free quote calculator.
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3 Key Questions on personal guarantees by directors
What are the main uses of a personal guarantee?
Many lenders (and perhaps some suppliers) may ask for a personal guarantee from you as a director of the company. This means that if the company defaults on the terms of the agreement they can chase you personally for the debt.
If you have signed a personal guarantee, you should seek advice from an Insolvency Practitioner, who may also seek the opinion of a solicitor regarding the terms of the contract to know exactly what your legal options are.
If the company defaults on a debt and the personal guarantee is called upon, then the steps the creditor may take depend on the amount of the debt.
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What are the main penalties related to personal guarantees and bankruptcy?
Understandably, many of our clients are highly concerned by the possible penalties related to unpaid personal guarantees by directors. The most common courses of action in this area are:
- Firstly, they will issue you with a statutory demand – allowing you 21 days to settle the debt, after this time they will then start bankruptcy proceedings against you (if the debt is over £5,000).
- After this 21 day period, they can then apply for a County Court Judgement against you – more on our CCJs page.
If a personal guarantee is called upon, we suggest ensuring that the validity of the contract is questioned, and that it has been executed correctly.It’s then important to discuss the debt with the creditor, to begin discussing terms of repayment – they want to ensure you pay the debt, therefore it’s in their interest as well as yours to settle debt.
How do I find the right guidance on personal guarantees by directors?
Personal guarantees are extremely complex areas – seeking professional advice before signing them is highly recommended. Contact us here at The Insolvency Experts for more information about the duties of a director by calling us on 0300 303 8284 or emailing us on firstname.lastname@example.org.
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