Personal/Corporate Guarantee

Answer a few simple questions Print and download instantly It takes just 5 minutes

Create Your Free Personal/Corporate Guarantee

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Personal/Corporate Guarantee

QGGuaranteeInformation






Your Personal/Corporate Guarantee

Update Preview
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Personal/Corporate Guarantee Page of
Page of

PERSONAL GUARANTEE

THIS GUARANTEE (the "Guarantee") dated this ________ day of ________________, ________

BETWEEN:

_________________________ of _________________________________________________
(the "Guarantor")

OF THE FIRST PART

- AND -

_________________________ of _________________________________________________
(the "Lender")

OF THE SECOND PART

- AND -

_________________________
(the "Debtor")

OF THE THIRD PART

IN CONSIDERATION OF good and valuable consideration, and any future credit that the Lender may extend from time to time to the Debtor, the receipt and sufficiency of which is hereby acknowledged, the Guarantor personally guarantees the prompt, full and complete performance of any and all existing duties and obligations of the Debtor to the Lender and the payment of any and all indebtedness due to the Lender by the Debtor, up to a limit of $_____________, under the terms of certain debt agreements (the "Agreement"), and the following terms and conditions:

  1. Subject to the above limit, the Guarantor guarantees that the Debtor will promptly pay the full amount of principal and interest of the debt under the Agreement (the "Debt") as and when the same will in any manner be or become due, either according to the terms and conditions provided by the Agreement or upon acceleration of the payment under the Agreement by reason of a default.
  2. The Guarantor agrees not to pledge, hypothecate, mortgage, sell or otherwise transfer any of the Guarantor's assets without the prior written consent of the Lender.
  3. To the extent permitted by law, the Guarantor waives all defenses, counterclaims or offsets that are legally available to the Guarantor with respect to the payment of the Debt of the Debtor.
  4. The Lender is hereby authorized at any time, in its sole discretion and without notice, to take, change, release or in any way deal with any security securing the Debt without in any way impairing the obligation of the Guarantor.
  5. The Lender will be under no obligation to collect or to protect any such security or the Debt, and its neglect or failure to collect or protect the security or the Debt is excused. Acceptance of the Guarantee is waived.
  6. The Lender may grant extensions of time or other indulgences and otherwise deal with the Debtor and with other parties and securities as the Lender may see fit without in any way limiting or lessening the liability of the Guarantor under this Agreement.
  7. Any impairment of the security, which the Lender may from time to time hold as security for the Debt, will in no way operate to discharge the Guarantor in whole or in part, it being specifically agreed that the Lender is not required to exercise diligence to enforce its rights against the Debtor.
  8. The Lender may release, surrender, exchange, modify, impair or extend the periods of duration or the time for performance or payment of any collateral securing the obligations of the Debtor to the Lender, and may also settle or compromise any claim of the Lender against the Debtor or against any other person or corporation whose obligation is held by the Lender as collateral security for any obligation of the Debtor or the Lender.
  9. This Guarantee is for the use and benefit of the Lender, and will also be for the use and benefit of any subsequent Lender to whom the Lender may assign this Guarantee.
  10. The liability of the Guarantor will continue until payment is made of every obligation of the Debtor now or later incurred in connection with the Debt and until payment is made of any loss or damage incurred by the Lender with respect to any matter covered by this Guarantee or any of the Agreement.
  11. The Guarantor further waives all rights, by statute or otherwise, to require the Lender to institute suit against the Debtor, and to exercise diligence in enforcing this Guarantee or any other instrument.
  12. Any and all present and future debts and liabilities of the Debtor to the Guarantor are postponed in favor of and subordinated to the full payment and performance of all present and future debts and obligations of the Debtor to the Lender. Upon any default by the Debtor under the Agreement, all present and future indebtedness of the Debtor to the Guarantor is hereby assigned to the Lender and any monies thereafter received by the Guarantor from the Debtor will be received in trust for the Lender and upon receipt are to be paid over to the Lender until such time as the Debt owed by the Debtor has been fully paid and satisfied.
  13. The Guarantor represents that at the time of the execution and delivery of this Guarantee nothing exists to impair the effectiveness of this Guarantee.
  14. All of the Lender's rights, powers and remedies available under this Guarantee and under any other agreement in force now or anytime later between the Lender and the Guarantor will be cumulative and not alternative, and will be in addition to all rights, powers and remedies given to the Lender by law or in equity.
  15. The Lender may, at its option, proceed in the first instance against the Guarantor to collect the obligations covered by this Guarantee without first proceeding against any other person, firm or corporation and without resorting to any property held by the Lender as collateral security.
  16. All pronouns will include masculine, feminine and/or neuter gender, single or plural number, as the context of this Guarantee may require.
  17. This Guarantee is made pursuant to the laws of the State of Nebraska. In the event that this Guarantee must be enforced by the Lender, all reasonable costs and expenses, including attorney's fees, incurred by the Lender will be paid by the Guarantor.
  18. The invalidity or unenforceability of any one or more phrases, sentences, clauses or sections in this Guarantee will not affect the validity or enforceability of the remaining portions of this Guarantee or any part of this Guarantee.
  19. No alteration or waiver of this Guarantee or of any of its terms, provisions or conditions will be binding upon the Lender unless made in writing over the signature of the Lender or its representative.
  20. Words of "Guarantee" contained in this Guarantee in no way diminish or impair the absolute liability created in this Guarantee.
  21. Any notice to be given to the Guarantor may be sent by mail, telephone, email or otherwise delivered to the address provided below.
    Name: _________________________
    Address: _________________________________________________
    Phone: __________
    E-mail: _________________________

IN WITNESS WHEREOF the Guarantor has duly affixed their signature under hand and seal, this ________ day of ________________, ________.

SIGNED, SEALED, OR ATTESTED
in the presence of:


______________________________
A NOTARY PUBLIC IN AND FOR
THE STATE OF NEBRASKA
My commission expires on the _______ day of _____________________, 20_____


______________________________________
_________________________

CERTIFICATE OF NOTARY PUBLIC

I, __________________, a Notary Public in and for the State of Nebraska, DO HEREBY CERTIFY that _________________________, personally known to me (or satisfactorily proven) to be the same person whose name is subscribed to the foregoing Guarantee, appeared before me this day in person, and acknowledged that he/she signed, sealed and delivered the said instrument as his/her free and voluntary act, for the uses and purposes set forth in this Guarantee.

Given under my hand and notarial seal this______ day of ____________, 20__.


______________________
Notary Public
My Commission Expires:______________________

Last Updated June 8, 2026

What is a guarantee?

A guarantee, sometimes called a guaranty, is a contract where one party agrees to be responsible for another party’s debt or obligation if that party fails to pay or perform. 

In a loan, for example, the guarantor promises to repay the lender if the borrower, also called the debtor, defaults on the loan. This gives the lender extra assurance that their loan is secure as the guarantor agrees to repay the loan.

A Personal or Corporate Guarantee may also be called a:

  • Guaranteed loan agreement

  • Third-party guarantee

  • Loan guarantee

What is the difference between a personal guarantor and a corporate guarantor?

The difference between a personal guarantor and a corporate guarantor is who agrees to take responsibility for the debt:

  • A personal guarantor is an individual who agrees to be responsible for the borrower’s debt or obligation if the borrower defaults.

  • A corporate guarantor is a corporation or business entity that agrees to take responsibility for the borrower’s debt or obligation if the borrower defaults.

For example, an individual business owner may act as a personal guarantor, while a parent company may act as a corporate guarantor for a subsidiary's debt.

What are the benefits of a guarantee?

A guarantee can benefit both borrowers and lenders by reducing lending risk and clarifying repayment obligations.

Common benefits of a guarantee include:

  • Better access to loans: Borrowers with lower credit scores, limited credit history, or insufficient collateral may be more likely to qualify.

  • More security for lenders: Lenders receive additional protection if the borrower defaults.

  • Improved loan terms: The guarantee may reduce the lender’s risk, helping borrowers secure more favorable terms.

  • Customizable terms: The guarantee can be limited or unlimited, depending on the parties’ needs.

  • Clearer repayment expectations: A written guarantee helps define the point at which the guarantor becomes responsible for the debt.

Who are the parties in a guarantee?

A guarantee generally involves three parties:

  • The debtor is the party primarily responsible for the underlying obligation, such as repaying a loan or fulfilling another contractual commitment. 

  • The lender or creditor is the party to whom the obligation is owed.

  • The guarantor is the party that agrees to satisfy the debtor’s obligations if the debtor defaults. 

The identity of the guarantor can also vary slightly depending on the type of guarantee. In a personal guarantee, the guarantor is an individual who assumes personal liability for the debtor’s obligations. In a corporate guarantee, the guarantor is a corporation or other legal entity that agrees to be responsible for the debtor’s obligations in the event of a default.

What is a limited guarantee?

A limited guarantee is a guarantee that limits the guarantor’s responsibility to a specific amount, obligation, or time period. 

In LawDepot’s questionnaire, you can set a maximum dollar amount the guarantor may be required to pay. Other limits, such as limits based on a specific obligation or time period, can be added in the additional clauses section.

For example, a guarantor may agree to be responsible for only a set amount of the borrower’s debt, rather than guaranteeing the full loan balance. If the guarantee is limited, the maximum amount or any additional limits should be clearly stated in the document.

A limited guarantee may specify:

  • The maximum amount the guarantor must pay

  • The debts or obligations covered

  • The time period the guarantee applies to

  • Whether the guarantee applies to one transaction or ongoing obligations

This type of guarantee is common in Mortgage Agreements where, instead of leveraging their entire property as security, the guarantor is only liable for a portion of the repayment outlined in the guarantor’s Loan Agreement.

What is an unlimited guarantee?

An unlimited guarantee is one in which the guarantor may be liable for the full amount of the borrower’s debt or obligation if the borrower defaults. 

Unlike a limited guarantee, an unlimited guarantee does not cap the guarantor’s responsibility at a specific amount. Depending on the terms, the guarantor may also be responsible for related costs, interest, fees, or other amounts owed under the original agreement.

Because an unlimited guarantee can create significant financial responsibility, the guarantor should carefully review the agreement before signing. For extra peace of mind, they can also have their agreement reviewed by a lawyer.

What information should I include in my guarantee?

A Personal or Corporate Guarantee should include:

  • The debtor's name

  • The guarantor's information (name, contact info, etc., of the individual or corporation)

  • The lender or creditor's information (name and address)

  • A statement of any limits to the guarantee, should they exist (i.e., a maximum amount that the guarantor is required to pay)

  • The guarantor’s signature and, if required, a witness signature or notary acknowledgement.

How do I create a Personal or Corporate Guarantee?

LawDepot’s easy-to-use Personal or Corporate Guarantee template guides you through each step and customizes your document based on the information you provide.

Complete the following steps to have a valid guarantee in minutes:

1. Input guarantee details

Detail who is providing the guarantee (i.e., an individual or a corporation) and a limit to the guarantee, if applicable. Then add the location of the debtor.

2. Fill in parties’ details

Provide key information about the debtors, guarantors, and lenders or creditors. 

Required party information includes:

  • Debtors: Name only

  • Lenders or Creditors: Name and address

  • Guarantors: Name, address, phone number, and email address

3. Set the terms 

A Personal or Corporate Guarantee form should state the priority of debts, including whether the guarantor agrees to give the lender priority over other debts the debtor may owe. 

Our template can also include any additional terms or information needed to clarify the guarantee for your unique situation. 

4. Provide signing details

Identify who will witness the guarantee, such as a witness or a notary public. If you’re creating a Personal Guarantee, you can also choose to receive a notary public certificate

If you’re making a Corporate Guarantee, you can have an acknowledgement by corporation added to your agreement if required for your form.

Finally, if known, specify the date the guarantee will be signed.

Guarantee FAQs

Does a guarantee have to be in writing?

toggle-arrow

Yes. Personal or Corporate Guarantees are usually created in writing so the guarantor, debtor, creditor, underlying agreement, and guarantee terms are clearly recorded. 

Written terms help the parties understand whether the guarantee is limited or unlimited and when the guarantor becomes responsible. Requirements may vary by state and transaction type, so parties should review local rules before signing.

For more clarity on what rules you should consider, or what terms would be best for your situation, talk to a lawyer for assistance.

Does a Personal or Corporate Guarantee need to be notarized?

toggle-arrow

Notarization requirements can vary depending on the document, transaction, state requirements, and the parties' preferences.

Even when notarization is not required, some parties may choose to notarize a Personal or Corporate Guarantee to help verify the signer’s identity and execution of the document.

LawDepot’s Online Notary can help complete the notary process remotely – no travel or in-person appointment needed.

Personal/Corporate Guarantee

SAMPLE

Personal/Corporate Guarantee

Personalize your Personal/Corporate Guarantee document.

Print and download in minutes.

Try LawDepot for Free

Free 7-Day Trial Subscription

Cancel any time

$49/mo $0 for one week

Unlimited access to all documents, for one week. Renews at $49/month.

See more

If you don't need access to all documents, you can purchase Essentials Access, which provides unlimited access to a specific category of documents. After one free week, pay monthly.

  • Real estate documents: $35/month
  • Estate planning documents: $35/month
  • Business documents: $45/month

1-Year Pro Subscription

Unlimited access to all documents. Renews annually at $155.88/year.

See more

If you don't need access to all documents, you can purchase Essentials Access, which provides unlimited access to a specific category of documents for one year, renewing annually.

  • Real estate documents: $107.88/year
  • Estate planning documents: $107.88/year
  • Business documents: $131.88/year

Single Document License

Access to one document. One-time charge of $7.50 – $119.

This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.