Personal guarantee
A personal guarantee is a promise by an individual to repay a business debt personally if the business does not. It puts personal assets behind the loan, and it is a near-universal requirement in Canadian small business acquisition financing.
Lenders require guarantees because a newly acquired small business has no track record under its new owner. The guarantee is what converts an unproven borrower into an acceptable credit risk, and refusing to give one usually means the loan does not happen.
What people get wrong about it
- A guarantee usually survives the sale of the business — selling does not automatically release you
- Guarantees are often joint and several, so one guarantor can be pursued for the whole amount
- They frequently extend to renewals and increases, not just the original advance
- A landlord guarantee on a lease is separate from the lender guarantee, and each needs its own release
Getting released
Release is a negotiation, not a right. It typically requires the lender to be satisfied with the replacement borrower, and it must be documented in writing — a buyer’s assurance that they will "take over the loan" has no effect on the lender. A seller who does not obtain a written release can remain exposed for years after handing over the keys.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Innovation, Science and Economic Development CanadaGovernmentCanada Small Business Financing Program
- 02Treadstone LawLegal commentaryCo-Signer vs. Guarantor on an Ontario Business Acquisition Loan
- 03Treadstone LawLegal commentaryGetting Released From a Personal Guarantee on Lease Assignment in Ontario
- 04Business Development Bank of CanadaIndustryHow to sell your business
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