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- Guarantors
Overview — Guarantors
Guarantor rights and protections
Guarantors are granted various rights and protections. This Guidance Note explains the key rights and protections that legal practitioners need to be aware of in order to provide legal advice to both lenders and guarantors.
See Guarantor rights and protections.
Practical tips for dealing with corporate guarantors
There are many matters that lenders need to carefully consider when dealing with corporate guarantors. These matters are equally important for a corporate guarantor to consider. This Guidance Note outlines the key considerations relevant to corporate guarantors. These include matters relating to corporate capacity, corporate benefit and uncommercial transaction.
See Practical tips for dealing with corporate guarantors.
Practical tips for dealing with individual guarantors
There are many matters that lenders need to carefully consider when dealing with individual guarantors. These matters are equally important for an individual guarantor to consider. This Guidance Note outlines the key considerations relevant to individual guarantors. These include matters relating to capacity, undue influence and the impact of the death of a guarantor.
See Practical tips for dealing with individual guarantors.
Practical tips for dealing with co-guarantors
A guarantee may be given by multiple guarantors, or co-guarantors. This Guidance Note outlines the key considerations for both a lender and a co-guarantor including whether or not the co-guarantors’ liability is joint or joint and several and the right to seek contribution from a co-guarantor.
See Practical tips for dealing with co-guarantors.