CRITICAL WARNING FOR UK DIRECTORS

Personal Guarantees
Destroy
Limited Liability

Most UK directors don't realize they've already signed away their protection

Personal guarantees make you personally liable for company debts

Your home and assets are at risk even if the company fails

Banks and landlords can pursue you personally for decades

60+
Years Combined Experience
24hr
Response Time
100%
Confidential

Have You Signed ANY of These?

Bank loan agreements?
Property lease guarantees?
Trade credit applications?
Equipment finance agreements?
Invoice factoring contracts?
If you checked ANY box above, your personal assets are at serious risk
WHAT EVERY DIRECTOR MUST KNOW

What Are Personal Guarantees?

Personal guarantees are legal commitments that make you personally liable for your company's debts - completely bypassing limited liability protection

Simple Definition

A legal promise that you'll pay company debts from your personal assets if the company can't

In Plain English:

When you sign a personal guarantee, you're telling the creditor: "If my company can't pay this debt, I promise to pay it from my personal money, including my house, savings, and other assets."

The Shocking Truth

Limited liability means nothing when you've signed personal guarantees

Your home can be repossessed to pay company debts

Guarantees survive liquidation - they don't disappear when the company dies

Joint guarantees mean you're liable for the full debt, not just your share

Most Common Personal Guarantees

Bank Loans & Overdrafts

Banks almost always require personal guarantees for business loans and overdraft facilities

Risk: Your home and savings are security for business debt

Commercial Property Leases

Landlords typically require personal guarantees for business premises rental agreements

Risk: Liable for rent even after company closure, sometimes for entire lease term

Trade Credit & Suppliers

Suppliers often require personal guarantees for credit accounts and payment terms

Risk: Personal liability for unpaid supplier invoices

Equipment Finance & Leasing

Vehicle leases, machinery finance, and equipment rental agreements

Risk: Personal responsibility for outstanding finance even if equipment is repossessed

The Devastating Statistics

87%
of directors have signed personal guarantees
without fully understanding the risks
£156K
average personal guarantee claim
against UK directors annually
73%
of guarantee claims succeed
resulting in personal bankruptcy
PROTECTION STRATEGIES

How to Protect Yourself

You're not powerless. There are legitimate strategies to minimize personal guarantee risks and protect your assets

1. Limit Your Guarantees

Cap your exposure and negotiate better terms

What You Can Do:

  • Cap the amount: Limit guarantees to specific amounts, not "all sums"
  • Time limits: Include automatic expiry dates on guarantees
  • Reduce over time: Negotiate reducing guarantees as business grows
  • Shared guarantees: Split liability with other directors/shareholders

💡 Example: Instead of guaranteeing "all sums," limit to £100,000 maximum

📝

Before You Sign

✓ Read every word carefully

✓ Negotiate caps and limits

✓ Add expiry dates

✓ Consider joint guarantees

✓ Get legal advice

🏠

Protect Your Assets

✓ Spouse ownership structures

✓ Offshore protection trusts

✓ Investment in exempt assets

✓ Professional insurance

✓ Legal entity structures

2. Asset Protection Planning

Legally protect assets from guarantee claims

Legal Protection Methods:

  • Spouse ownership: Transfer assets to non-guarantor spouse
  • Trust structures: Use legitimate trust arrangements
  • Exempt assets: Invest in bankruptcy-exempt assets
  • Insurance: Directors' and Officers' liability cover

⚠️ Important: Asset protection must be done BEFORE problems arise

3. Professional Insurance

Insurance coverage for personal guarantee claims

Available Insurance Types:

  • D&O Insurance: Directors and Officers liability coverage
  • Personal Guarantee Insurance: Specific guarantee protection
  • Professional Indemnity: Business decision protection
  • Trade Credit Insurance: Customer default protection

💡 Many insurers now offer personal guarantee insurance from £2,000/year

☂️

Insurance Protection

✓ Directors & Officers cover

✓ Personal guarantee insurance

✓ Professional indemnity

✓ Trade credit protection

✓ Legal expenses cover

🚨

Early Warning

✓ Monthly cash flow monitoring

✓ Debt-to-income ratios

✓ Customer concentration risk

✓ Covenant breach alerts

✓ Professional health checks

4. Early Warning Systems

Detect problems before they become guarantee claims

Key Monitoring Areas:

  • Cash flow: 13-week rolling forecasts
  • Debt ratios: Total guarantees vs. company assets
  • Customer risk: Concentration and credit quality
  • Covenant compliance: Bank and lender requirements

🎯 The goal: Act BEFORE guarantee calls become inevitable

Your Personal Guarantee Action Plan

Take these steps immediately to reduce your risk

1

Audit Your Guarantees

List every personal guarantee you've signed and their total value

2

Assess Your Risk

Calculate total guarantee exposure vs. your personal net worth

3

Implement Protection

Start asset protection planning and consider insurance options

4

Monitor & Review

Set up early warning systems and regular guarantee reviews

FREQUENTLY ASKED QUESTIONS

Personal Guarantee FAQ

Get expert answers to the most common questions about personal guarantees

Can I get out of a personal guarantee I've already signed?

What happens to personal guarantees when a company goes into liquidation?

Are joint guarantees better than individual ones?

Can my spouse's assets be at risk from my personal guarantees?

How long do personal guarantees last?

What's the difference between limited and unlimited guarantees?

Can I be forced to sign a personal guarantee?