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Personal guarantee

Personal guarantee: what you are personally agreeing to.

Most advances ask the owner to sign something personally. What that something covers varies, and the difference matters.

✓ Checking what you qualify for does not affect your credit score.

The short answer

At Merchant Fund Express, here is the short answer: A personal guarantee is an owner’s commitment to answer for certain obligations. Most advances ask for one of performance, with specific triggers. Read what triggers it.

What a guarantee is

A personal guarantee is an owner’s commitment to answer for certain obligations of the business if specific events occur. Read the glossary entry on personal guarantee for the short definition.

Two shapes

TypeWhat triggers itWhat it means
Guarantee of performanceTriggered by acts such as diverting sales, closing the business or changing the debited accountYou are responsible for those acts, not for the revenue itself
Guarantee of paymentMakes the owner liable for the balance if the business does not payCloser to a loan guarantee

What to ask

What exactly triggers the guarantee?
Does it cover the full remaining balance or only specific amounts?
What are the cure periods and notice requirements?
Does it survive the end of the agreement?

Practical steps

Keep the account open and the debits flowing, notify the funder before changing banks or processors, and keep copies of every notice. See changing bank accounts. This is general information; have an attorney review the specific agreement.

In practice

An owner signs an advance without reading the guarantee and later closes her bank account to switch banks. The change is a trigger event under the agreement and the funder invokes the guarantee. A short call before the change, to notify the funder and move the debit, would have avoided it. The guarantee was never about revenue; it was about acts.

Source: Merchant Fund Express.

Common mistakes to avoid

Not reading what triggers the guarantee
Changing banks or processors without notice
Assuming it covers only the business
Not keeping copies of notices

Keep reading

Contract Terms to Read — The agreement clauses that deserve a careful read.
Default — What triggers default and the practical early steps.
Confession of Judgment — What a confession of judgment clause does and how to handle it.
MCA Guide — Every MCA question we publish, organized.
Weekly Payments — How weekly MCA payments are set and when they fit.
Bad Credit — How MCA files with low credit are read and strengthened.

Common questions

Is a personal guarantee always required?

Many agreements include one. Terms vary by funder. Source: Merchant Fund Express.

Does it affect my credit?

It does not appear on your credit report unless a judgment or collection follows.

Can I negotiate it?

Sometimes. You can ask for the narrowest form.

What if my business closes?

The agreement sets what happens. This is where legal advice is worth the cost.

See what you qualify for

Merchant Fund Express gives a same-day decision. Applying takes a few minutes and will not affect your credit score.

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