May 8, 2016 at 14:39 Hi all,
When I 1st joined ReBS in late February 2014 I found myself bewildered by the types of Guarantees, or combinations thereof, offered to secure my family’s funds. Like many perhaps it’s a rapid learning curve resulting in my largest single Default £400 + sustained in 2014. 18 months on those funds with Mowbray & Son’s are still outstanding. [Please take a wee look at that loan site for information on the work recoveries have done on behalf of myself and other Lenders...
Though oft times a very tricky task to decide who to lend to so to help you make up your minds if you wish to lend then here's a guide to the Guarantee's to help you reduce your risk and give you a better chance of getting a little, some, some more. Or all of your funds back in the event of a default.
Lending can be a seriously risky business so [when NOT if a 'marital breakdown' occurs make sure you are using the best protection to secure your assets.
Happy reading and take care,
James.
A] Personal Guarantee.
Note: Very Commonly offered to ‘protect’ a loan here at ReBS…You may wish to consider how financially secure the person[s] are when this level of protection is offered to protect your funds, would they be able to meet their obligations in the event of a Default.
Is the Business Owner capable, really know their market, is their Business model built on a strong foundation.
Definition – What does Personal Guarantee mean?
A personal guarantee is an arrangement that is signed and verified by a borrower, or a third party, in order to accept the liability for one’s own or a third party’s obligations or funds payable. The lender, or the first party, that takes this guarantee from the borrower, or a third party acting on the borrower’s behalf, can attach the guarantor’s personal assets in case the borrower fails to repay the debt or fails to meet any of the obligations covered by the guarantee. The personal guarantee is significant because it acts as a signed blank check. If the borrower defaults on a payment, the lender is directly eligible for the named property or asset without being required to attempt to recover the payment from the borrower. This guarantee is the basis of lending to startups in the absence of collaterals.
Divestopedia explains Personal Guarantee:
When a firm wishes to borrow funds, a personal guarantee signed by the owners or promoters as well as a third person, in some cases, may be insisted upon by the lender. This is especially true for a startup. This guarantee is demanded in order to reduce the risk of a loan default. Many firms have a limited liability status, in which case the partners and shareholders have a very nominal liability. In such cases, the assets of the firm are pledged for a loan, and a personal guarantee, signed by the owners or directors, is the backup for a larger quantum of borrowing. If there is a personal guarantee given by a third party or the partners or directors of the firm, the personal assets of the guarantors can be attached immediately, which ensures the quick recovery of debts and other obligations, without even seeking recovery from the original borrowing firm. Normally, liquidating assets and recovering cash is a lengthy and complicated process, and a personal guarantee provides additional convenience to lenders. From the borrower’s point of view, personal guarantee is not the preferred option. Instead of signing a personal guarantee, a pledging of some specific assets as collateral can be considered by the borrower, in which case the borrower may save some of his or her assets and spousal assets, in case the loan is not repaid in time.
A.1] What is Personal Guarantee Insurance?
Here’s a link to follow to provide a wee guide on this product, hope it helps?
http://www.begbies-traynorgroup.com/articles/director-advice/what-is-personal-guarantee-insurance .
B] Corporate Guarantee
Note: Certain Lenders at ReBS actively seek to secure this type of guarantee because of the enhanced protection it affords to their own and other peoples Lent Funds.
Definition of “Corporate Guarantee”:
A Corporate Guarantee is a guarantee in which a corporation agrees to be held responsible for completing the duties and obligations of a debtor to a lender, in the event that the debtor fails to fulfill the terms of the debtor-lender contract. Also known as a corporate guaranty.
C] Cross Guarantee:
Note: Certain Lenders at ReBS actively seek to secure this type of guarantee because of the enhanced protection it affords to their own and other peoples Lent Funds.
Definition – What does Cross Guarantee mean?:
A cross guarantee is an arrangement between two or more related firms to provide reciprocal guarantees for each other’s liabilities, fulfillment of promises, or obligations. This guarantee is agreed upon among related companies, such as groups of companies or a parent company and subsidiaries and affiliates. A creditor of any one firm of the group becomes the creditor of every other firm of the group.
It is significant because the contractual promise reduces the risk of the lenders, thus enabling borrowers to negotiate for a better deal. Cross guarantee may be beneficial to borrower with respect to better interest rates, tenure of repayment, and/ or quantum of loan.
Divestopedia explains Cross Guarantee:
The place where cross guarantees become cross border guarantees might invite scrutiny of regulators of different countries. Cross guarantees must be disclosed under contingent liability, along with lawsuits and warranties with the balance sheets. Sometimes implicit cross guarantee may be implied merely by the passive association of a firm with a firm of global or regional reputation, and a higher credit rating may result from this situation.
While drafting the guarantee agreement, it is customary to include a clause of indemnity to give additional advantage to the lender. In such cases, the courts may favor the lender by interpreting the agreement as an indemnity bond, which makes it unfavorable from the guarantor’s point of view. The capacity to give cross guarantee should be based on the article of association of the firms. If the directors are the beneficiaries of the guarantee, then the shareholders approval may be required. The lender can enforce a guarantee even if the security of principal borrowers’ assets is held by him.
D] First Charge [Exceptionally rare here at ReBS].
Note: Affords Lenders a high degree of protection in return for receiving a very favourable loan rate.
A legal right under which the owner of the first charge has the right to decide on what to do with a property if the borrower fails to maintain the repayments i.e. the mortgage lender will in most cases hold the first charge on a property until the mortgage is fully repaid.
E] What is a ‘Second Charge’? [Commonly offered at ReBS].
Note: You wish to look for a high equity value in the Property or Properties being offered as 2nd charge security because in a default situation the 1st charge holder may choose to sell the Property below market value Just to recover their own funds. Please consider that the 1st charge holder is under no obligation to protect the interests of the 2nd charge holder.
A Second Charge is a legal charge put on a property in favour of a lender, or creditor. A Second Charge comes second in line to a ‘First Charge’, which would normally be your mortgage.
When the property gets sold, the First Charge – i.e. the mortgage, will be cleared in full before the Second Charge receives any money. The Second Charge would then be in line to receive funds from the sale, up to the full outstanding balance of the Second Charge.
Any funds remaining from the sale at this point would be passed to the seller.
In closing:
For those of you like me who may struggle with all the various security types offered to you by prospective Borrowers at ReBS I have spent some time today seeking out the definitions that have been presented in the clearest English rather than something more complicated.
[Life's too short, keep it simple, keep safe].
Hope you find the information helpful, please feel free to retain for future reference.
With Best regards, James.
(+4 rating, 4 votes)
