A Personal Guarantee in the context of the UK is a legal commitment made by an individual to repay a debt or fulfill an obligation if the primary borrower, typically a business, fails to do so. Here’s a detailed definition tailored for a UK audience:

1. Definition:
   • Personal Guarantee: A personal guarantee is a legally binding promise made by an individual, often a director or owner of a business, to personally repay a debt or meet financial obligations if the business itself is unable to do so. This guarantee provides an additional layer of security for lenders.
2. Key Features:
   • Secondary Liability: The guarantor (the individual providing the guarantee) assumes secondary liability, meaning they are responsible for the debt if the primary borrower defaults.
   • Legal Obligation: It is a formal legal agreement and can be enforced in the courts if necessary.
   • Collateral: Unlike secured loans, a personal guarantee often does not involve specific collateral but puts the guarantor’s personal assets at risk.
3. Purpose:
   • Access to Credit: Businesses, especially small and medium-sized enterprises (SMEs), may use personal guarantees to secure loans or credit lines that might otherwise be unavailable due to lack of sufficient business credit history or assets.
   • Lender Assurance: Provides lenders with additional assurance that the loan or credit will be repaid, reducing their risk.
4. Implications for the Guarantor:
   • Personal Risk: The guarantor’s personal assets, including savings, property, and other valuables, can be at risk if the business defaults on its obligations.
   • Credit Impact: Defaulting on a personal guarantee can negatively impact the guarantor’s personal credit rating and financial standing.
   • Unlimited vs. Limited Guarantees: Personal guarantees can be unlimited, covering all the borrower’s debts, or limited, covering a specific amount or debt.
5. Legal Considerations:
   • Document Review: It is crucial for individuals to carefully review the terms of a personal guarantee before signing, ideally with legal advice, to fully understand the extent of their obligations.
   • Contractual Clarity: The guarantee agreement should clearly outline the conditions under which the guarantor is liable, the extent of the liability, and any circumstances that might release the guarantor from their obligations.
6. Common Uses:
   • Business Loans: Banks and financial institutions often require personal guarantees from business owners or directors when extending business loans.
   • Lease Agreements: Landlords may require personal guarantees for commercial property leases, especially for new or small businesses.
   • Supplier Credit: Suppliers may request personal guarantees to extend trade credit to businesses.
7. Mitigating Risks:
   • Negotiation: Guarantors can negotiate the terms of the guarantee to limit their liability or to include conditions that release them from the guarantee after certain milestones are met.
   • Insurance: Some guarantors may take out insurance policies to cover the potential financial risk associated with a personal guarantee.
8. Example:
   • A director of a small manufacturing company signs a personal guarantee to secure a £50,000 loan from a bank. If the company is unable to repay the loan, the director will be personally responsible for repaying the debt, potentially using personal savings or selling personal assets to cover the outstanding amount.

In summary, a personal guarantee in the UK is a legal commitment by an individual to repay a business debt if the business cannot meet its obligations. It provides additional security for lenders but carries significant personal financial risk for the guarantor.