How To Use
This review list is provided to inform you about the document in question and to assist you in completing it.
- A Guaranty is similar to a Promissory Note because it creates a conditional obligation to pay a debt. Proper accounting requires that the Guaranty be shown as a liability on the personal financial statements of the Guarantor or Guarantors. In other words, this is a very serious financial commitment and the Guarantor should be sure to seek business advice before undertaking this kind of serious financial commitment and assure him or herself that the benefits of the Agreement being guaranteed are worth the financial risk being taken by being a Guarantor to this Agreement.
- If you are the Promisee, or the recipient of the benefit of the Guarantor’s signature, and the Guarantor is a corporation, make sure that the person signing the Guaranty is authorized by his or her corporation to sign and that the Guaranty does not violate any provision in the corporation’s Articles of Incorporation or Bylaws.
- The Promisee should understand that this guarantee is a “promise” not a guarantee of payment under the original Agreement or under this guarantee by the Guarantor or Guarantors. A Guaranty is only as good as the financial condition of the Guarantor except in those instances under a guarantee when collateral is required in the form of a pledge of certain assets such as real estate, stocks or bonds, or other liquid financial instruments. This is a standard guarantee without a provision for collateral to be provided to secure the Guaranty.
- As with all documents, laws vary from state to state and change over time. Before using this document, have a lawyer review it before signing it.
- In addition, if you are forced to seek collection under this Guaranty, your state laws may require that certain actions first be taken against the party that created the original obligation, up to and including filing a lawsuit. Consult an attorney if enforcement of the Guaranty becomes an issue.
- The Promisee should keep the original Guaranty with the note or other instrument that is guaranteed in a secure location such as a home safe and have copies made and stored, preferably, with your attorney and/or accountant.
- If you are in a business or situations of dealing with financially fragile or unstable entities, such as with young adults or new companies, we strongly recommend you use this guaranty to back up rent payments (perhaps by the parents of a student or a young adult), accounts payable to new firms (by the principals), and other such situations. If you have forms “handy” when the initial transaction is made, it is much easier to gain a signature.
- Collections under Guaranties are often best made in small steps. First, consider reducing the Guaranty to an agreed upon Promissory Note with interest and collection costs awarded to you if not paid in the additional time you grant for extension (anything from 1 month to several years, depending on your negotiating leverage). If not paid under these terms, seek a court order for judgment under the Promissory Note. As a rule, you are well advised to employ a legal specialist to do this; in this case a Collection Attorney. They are specialists in the field and will often undertake the process on a contingency or percentage basis, if you desire that option.