One of the main reasons people incorporate is limited liability: if the company can't pay its debts, your house, your car and your savings are meant to be off-limits. Then a lender hands over a loan application with a personal guarantee clause buried on page four, and that protection has a hole in it exactly the size of the loan. Most business owners sign it anyway, because the alternative is not getting the money. Fair enough — but sign knowing exactly what you've agreed to, not what you assumed you'd agreed to.
What a personal guarantee actually promises
A personal guarantee (PG) is a separate legal promise, sitting alongside the loan agreement, that says: if the company doesn't repay this debt, I will, personally. It's not a formality or a box-ticking exercise — it's the lender deliberately reaching past the limited company structure to attach the debt to you as an individual. If the business folds owing money on a guaranteed facility, the lender doesn't have to write it off or queue up with the other creditors in an insolvency. They can come straight to you for the shortfall, and pursue your personal assets to get it.
Why lenders ask for one even from limited companies
Lenders ask for personal guarantees precisely because limited liability works as intended — it protects you, which means it also limits what they can recover if things go wrong. A young company with thin accounts, no track record and few hard assets is, from a lender's chair, mostly a bet on the people running it. A PG is how they convert that bet into something enforceable: it aligns your incentives with theirs, because you now have as much reason as they do to make sure the loan gets repaid. The newer or smaller the business, and the less security (property, equipment, invoices) it can offer, the more likely a PG will be asked for.
A personal guarantee doesn't just backstop the loan. It backstops the lender's confidence in you — which is exactly why they ask for one when the balance sheet alone doesn't give them enough comfort.
The clauses worth reading twice
Not all guarantees are equal, and the differences are usually in the small print rather than the headline figure. Check whether it's limited or unlimited: a limited guarantee caps your exposure at a stated amount (say, 20% of the facility), while an unlimited one makes you liable for the whole debt plus interest, fees and the lender's legal costs if they have to chase it. Check whether it's joint and several if there's more than one director guaranteeing — that usually means the lender can pursue any one guarantor for the full amount, not just their 'share', leaving that person to chase the others separately. And check what triggers it: some PGs only bite on formal insolvency, others can be called on a missed payment or a breach of a loan covenant long before the company is actually going under.
When you can negotiate it away (or down)
PGs are far more negotiable than most first-time borrowers assume, particularly once a business has a couple of years of clean accounts and some tangible security to offer instead. Common levers: offering a specific asset (equipment, property, a debenture over the business itself) as security in exchange for removing or reducing the personal element; asking for the guarantee to be limited in amount rather than unlimited; asking for it to be released or reduced automatically once the loan balance falls below a set threshold; and, where more than one director is guaranteeing, asking for guarantees to be several rather than joint and several, so each person is only on the hook for their agreed portion. None of this is guaranteed to work, but not asking guarantees you get the lender's opening position, which is rarely their best one.
What happens if the business can't pay
If a guaranteed loan goes unpaid and the company can't cover it, the lender's process is usually: formal demand to the company, then — if unpaid — formal demand to you personally under the guarantee, then, if you can't or won't pay, legal action to obtain a judgment against you as an individual, followed by enforcement (which can include a charge against your home) if the judgment still isn't satisfied. It's a slower process than people fear, and lenders would generally rather agree a repayment plan than go through it, but it is a real personal financial risk, not a technicality that never gets enforced in practice.
The honest question before you sign
Before signing a personal guarantee, it's worth asking plainly: if this loan is called in tomorrow and the business has nothing left to pay it with, can I personally afford to cover this amount without losing my home? If the answer is genuinely no, that's not a reason to automatically walk away from the finance — sometimes it's still the right call for the business — but it is a reason to negotiate the amount, the security, or the terms harder than you otherwise would, and to go in with your eyes fully open about what you're actually agreeing to. Comparing options properly, rather than accepting the first offer's terms as fixed, is exactly the kind of groundwork [Found Funding](https://foundfunding.co.uk) exists to help with.
The paperwork that's easy to skip and shouldn't be
Once the loan is agreed and the pressure to get the money in the account eases off, it's tempting to file the guarantee away unread and move on. Worth resisting that. Get a copy of the actual guarantee document, not just the loan offer letter, and check it matches what was discussed verbally — lenders don't always send exactly what was promised, and the two can drift apart between the sales conversation and the final paperwork. If anything looks different from what was agreed, query it before signing rather than after, because a signed guarantee is very hard to unpick later on the basis that 'the broker said something different'.
Guarantees don't only come from banks
It's worth remembering that personal guarantees aren't limited to traditional bank loans. Equipment finance, some invoice finance facilities, commercial property leases and even certain supplier credit agreements can carry a personal guarantee requirement, often described more softly as a 'director's guarantee' or bundled into terms and conditions that get less scrutiny than a formal loan application. The same questions apply every time: is it limited or unlimited, what triggers it, and can I actually afford the worst case. Treating every one of these with the same care as a bank loan guarantee, rather than assuming only banks ask for them, closes a gap a lot of business owners don't realise exists.
Common questions
Can they really take my house if the company can't pay?
Ultimately yes, but it is the last step in a long process rather than the first. The lender has to demand payment from the company, then demand it from you under the guarantee, then sue you personally and win a County Court or High Court judgment. Only then can they apply for a charging order over your share of the property, and a separate order for sale after that. Courts are noticeably reluctant to order a sale where children live in the home, and most lenders would far rather agree a payment plan than spend two years enforcing. But reluctant is not the same as won't. Where the guaranteed sum is £5,000 or more they can also serve a statutory demand and petition for your bankruptcy 21 days later.
Does a personal guarantee survive if the company goes into liquidation?
Yes — that is precisely what it exists for. Liquidating the company extinguishes the company's liability, not yours. The guarantee is a separate contract between you and the lender, so once the company is wound up the lender simply stops chasing the company and starts chasing you for whatever the insolvency failed to recover. Directors are caught out by this constantly, having assumed that closing the business closed the debt. Two related traps sit in the same document: interest usually keeps running on the guaranteed amount after liquidation, and the lender's legal costs of enforcing against you are often recoverable from you too. Read both clauses before you sign, not after the insolvency practitioner is appointed.
Is a personal guarantee regulated by the FCA?
Usually not. Lending to a limited company sits outside the FCA's regulatory perimeter, which is exactly why personal guarantees are far more common there than in consumer lending — the FCA made that point itself when responding to the Federation of Small Businesses' super-complaint on personal guarantees in 2024. What does apply to most mainstream lenders is the Lending Standards Board's Standards of Lending Practice for business customers, covering firms lending to businesses with turnover up to £25 million. The revised standards, in force from 8 September 2025, expect lenders to contact personal guarantors at least once a year. It is a voluntary code rather than law, but it gives you something concrete to hold a lender to.
Should I get independent legal advice before signing?
Yes, and if you are guaranteeing borrowing for a company you do not benefit from — your spouse's or partner's business, most often — treat it as non-negotiable. Where a guarantor gets no direct benefit from the loan, a lender that fails to ensure they took independent advice risks the guarantee being set aside for undue influence, which is why banks routinely insist on a solicitor's certificate in those cases. Even for your own company, an hour with a solicitor answers the three questions that actually determine your exposure: is it limited or unlimited, is it joint and several, and what event triggers it. That is cheap against a liability which can outlive the business by years.
Can I get a business loan without a personal guarantee?
Sometimes, though it depends far more on what else you can offer as security than on how firmly you ask. Asset finance secured on the equipment itself, a commercial mortgage secured on property, and invoice finance secured on your debtor book all reduce or remove the personal element, because the lender already has something tangible to recover from. Established companies with two or three years of filed accounts, real assets and steady profits can often negotiate the guarantee down to a capped amount or out altogether. Start-ups with no trading history rarely can. If a broker tells you there is no personal guarantee, read the final facility documents yourself — a 'director's guarantee' or 'indemnity' tucked into the terms is the same thing under a gentler name.
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