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ARTICLE · 04 AUGUST 2022

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Is a personal guarantee always binding?

An overview of personal guarantees and circumstances in which guarantors may have a personal guarantee set aside.

AustraliaFinance and Banking

In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors, or family and friends. A failure to meet these obligations may have dire financial consequences for these guarantors.

Whilst many might view a personal guarantee as an ironclad agreement, there are circumstances where a personal guarantee is not legally enforceable.

In this article, we provide an overview of personal guarantees and the circumstances in which guarantors may have a personal guarantee set aside.

Key Takeaways

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