Business Finance, supported with a legal charge over a guarantors property.
A guarantor who offers a legal charge over their property is a potential means of securing business finance when your company is unable to provide security itself or is suffering financial circumstances that may discourage funders.
When someone agrees to act as a secured guarantor for your company , they commit to covering the repayments and liabilities to the funder if your company fails to keep up those payments or honour it’s obligations to the funder.
Sometimes acting as guarantor is a way for parents (or grandparents) to help their children start a business or buy an existing business.
If we fund a business in this way we will expect any guarantor to be a director and/or shareholder or that they will become a director or shareholder in the business to prove that they are connected and have an interest in the business.
Being a secured guarantor means signing a personal guarantee and also a legal charge on their property securing the liabilities of the company to the funder. The guarantor should take his/her own independent legal advice before agreeing to be a guarantor and before singing a legal charge on their property to ensure that they understand the risks involved should the company not pay and as their home may be repossessed if the company defaults and demand is made for payment under the guarantee.
One of the great benefits of a guarantor for young adults is that it lets the people you’re close to help you start in business or expand your business without having to lend you money themselves. That means that instead of dipping into their rainy-day fund or selling something important to them to help you out, your loved ones can agree to become a guarantor and help you borrow the money you need.
When might a business need to provide a secured guarantee from someone else?
- A business owned by a non-homeowner or someone with very little equity in their property.
- A business with a low income
- A business with bad credit
- Someone looking to buy a business that would ordinarily not have the opportunity to purchase a business as they have no security or collateral.
- Someone that has a business who’s trading performance is not strong
- A young person wanting to start in business
- A start up
Who might be acceptable to a funder as a secured guarantor?
A guarantor generally needs the following:
- To own their own property
- To possess enough equity to satisfy the funder
What happens if my company misses a payment?
Missing a payment is never ideal, but with a secured guarantor it’s particularly important to be aware of what might happen if the payments aren’t met.
If your company falls behind on its finance payments, there are several things that could happen:
- It is given more time to make the payments
- It is charged a late payment and other contractual fees
- The funder asks your guarantor to make the payment on behalf of your company.
If you continue to miss your payments and the finance agreement is terminated, further actions could include:
- Your guarantors house could be repossessed and sold by the funder under the terms of the legal charge.
- A Receiver might be appointed by the funder to receive any income from the guarantor’s property or exercise the funder’s rights under the legal charge which include taking possession of the property and selling it under the powers within the legal charge
Tips for getting a secured guarantor
- Be open about your circumstances. Honesty is important in financial situations, so it’s vital to be open with your guarantor, or with the person you are promising to be guarantor for. All possible outcomes should be considered.
- Use a solicitor. A guarantor is a big commitment and money matters can be complicated. The funder should recommend that you take independent legal advice
At Nationwide Corporate Finance we are excited and are fully supportive of your funding project and will do our very best to help you and approve your funding needs very quickly. However, with all this excitement please do not feel pressured to enter in to an agreement too quickly, take your time and proceed when you are ready especially as you and your friends or relatives will be asked to sign as guarantors and secure the finance against their personal properties so they will ultimately will be liable and those properties may have to be repossessed and sold if your business fails.
