Key Issues to be aware of when enforcing against Personal Guarantors
Finance brief - October 2012
- Proposed changes to the registration of charges with Companies House
- Key Issues to be aware of when enforcing against Personal Guarantors
- Non-UK borrowers and issues of security, COMI, administrators and receivers
- Can a private banker witness a customer's deed?
- No faith in the enforceability of agreements to negotiate in good faith
The purpose of this briefing paper is to provide an overview of the process where a lender wishes to enforce a personal guarantee against an individual personal guarantor in respect of monies due to a lender, classically under a facility agreement.