Avoiding Fatal Flaws in GuarantiesEngland • September 30th, 2015
Jurisdiction FiledSeptember 30th, 2015Guaranty agreements are essential in order for a lender to obtain some reasonable assurance of repayment on many loans—particularly where the loan at issue is made to a corporation, limited liability company, or other legal entity. By design, the corporate form generally protects its shareholders from personal liability for the entity’s debts, allowing the entity’s owners to “walk away” from corporate debts absent some contract imposing individual liability.