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To determine if a personal guarantee is enforceable and of value, you should review each personal guarantee received against the following checklist.
- Is the entire personal guarantee completed?
- Has the guarantee paperwork been signed?
- Has the signature been notarized, or at the very least, witnessed?
- Is there adequate credit information on the guarantor?
- Does the guarantee include any restrictions on when, how, and if it can be enforced?
- If you're dealing with an inter-corporate guarantee, rather than a personal guarantee, does the person signing the guarantee have the authority to bind the corporation to the terms of the guarantee?
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