Have your Personal Guarantee and Acknowledgement Certificate notarized by a Good Lawyer.
$150 (+ tax)
Some financial lenders require a Personal Guarantee and a Guarantees Acknowledgment Act Certificate (or other form of witness) to protect them and expand their options for collection. A common example would be a founder personally guaranteeing a loan made to their business corporation.
The Certificate (or other form of witness) must be produced by a lawyer to accompany the signed Personal Guarantee. This means having a lawyer review the guarantee with the guarantor to ensure their understanding, then having the lawyer witness the signing of the document, which can now be done over a video call.
Better access to capital.
Giving lenders a personal guarantee can make it easier to access working capital like financing or necessary equipment on loan. Give them the extra assurance they need to know their investment is in safe hands.
Set limits on your liability.
Clearly define the limits of your liability in your Personal Guarantee so that if the entity you are guaranteeing defaults, you’re still left with a roof over your head and not out in the cold.
It’s easy. Getting a Personal Guarantee Notarization through Goodlawyer means getting it done fast, with a fair, upfront price. No more searching on Google for the right lawyer who’s free at the right time.
On your call, your lawyer will review and explain the Personal Guarantee that the lender provided, then witness you signing the document. Finally, they will produce the Certificate that accompanies your signed Personal Guarantee, and you're off!
1. Book your call.
2. Review and understand the Guarantee
3. Sign the document.
4. Get your Certificate.
Pick a time to discuss your Personal Guarantee with a Good Lawyer.
Your lawyer will explain the Guarantee your lender provided and witness your signature.
Your lawyer will produce the Certificate your lender legally requires with your Guarantee.
Get your paperwork done the easy way so you can get back to running your business.
They’re basically the same thing except the liability is passed on to a corporation instead of an individual person. A Personal Guarantee makes an individual liable for another individual’s or corporation's debts, whereas a Corporate Guarantee allows a corporation to take the liability as the guarantor for another corporation or individual.
Yes. Although a Personal Guarantee often makes you responsible for the entire debt, in some cases, your guarantee may be limited to a certain financial amount, time period or specific liability. Some lenders might have formulas for calculating limits, and others might not allow limits at all. Every situation is different so discuss it with your lawyer if you think it might apply to your Personal Guarantee.
The terms of your Personal Guarantee will be unique to your situation, but several things could happen when the debtor defaults. First, your credit could be negatively impacted which could affect your ability to secure financing later. Second but not always, the lender may initiate the seizure of any collateral or deposits, or the lender may initiate other legal actions. Finally, You may be required to repay any outstanding debts to the lender, plus any late fees, interests, and other penalties as outlined in the terms of the loan and/or guarantee.
If your debtor defaults, and then you default too, your lender may likely take legal action against you. The lender can sue either the entity you guaranteed, or yourself as the guarantor and may have a good chance of recovering or taking possession of your personal assets. Depending on the clauses in your Guarantee, you might even need the lender’s permission before selling any of your personal assets throughout the guarantee. Needless to say, it’s not a good situation so don’t sign a Personal Guarantee if you think there’s a high chance of you or the debtor defaulting.
Yes, absolutely. So long as the document has been properly drafted and does not include and clauses that invalidate it, your Personal Guarantee is a legally binding document. Getting a good lawyer to explain and draft your Personal Guarantee is highly recommended.
Often owners and shareholders of a Corporation may sign a personal guarantee on behalf of their Corporation. Other times, it may be members of an executive management team who sign a personal guarantee for the company. It is also often helpful to have a clear picture of the company or individual’s plans and finances when considering signing the Personal Guarantee. Of course, every situation is different and there are exceptions so make sure you discuss it with your lawyer if you have doubts.
For most business law questions the answer is “no”. For employment and commercial tenancy related issues, it’s best to speak to a lawyer who has experience in your province. Goodlawyer has lawyers all over Canada with diverse experiences and specializations. If your lawyer doesn’t think they can answer your question due to a provincial issue, Goodlawyer will find another Good Lawyer who can help you.
In most cases, the Personal Guarantee is provided by the lender, which is usually a large financial institution. It's very difficult to negotiate these standard contracts that the lenders use, but it's not impossible.
No. This service only covers the review and notarization of a Personal Guarantee that has been provided by a lender. If you need a Personal Guarantee drafted from scratch, book a call with our Legal Concierge team to get a custom quote started.
Goodlawyer is an interactive online service that makes it faster and easier for clients to find and hire legal help solely based on their preferences. We are not a law firm, do not provide any legal services, legal advice or “lawyer referral services” and do not provide or participate in any legal representation.