Transform your daily workflows and Alter Personal/Corporate Guarantee

Aug 6th, 2022
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How to Alter Personal/Corporate Guarantee

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Hello friends very warm welcome to uh easy GST for you I am your host Girish Kulkarni and today we are going to discuss another important uh and interesting aspect of Bank guarantees or guarantees in particular we know that in any case of borrowings nowadays guarantee is a common procedural part that is followed by most of the financial institutes including Banks and bfcs Etc so what is the the treatment of such guarantees as far as the provisions of GST law are concerned uh that we are going to discuss in this particular video so whether the guarantees those are usually given by holding company for borrowings of subsidiary company or maybe the directors of a private limited to that particular of the for the borrowings of that particular private limited company whether those are treated as taxable transactions in GST regime so that is the question under consideration so we know that in GST Supply is a taxable event and to qualify something as a supply there are certain parameters whic

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If the personal guaranty is not evidenced in writing, and if such writing was not signed by the alleged guarantor in his or her personal capacity, then there are strong arguments against its enforceability. A personal guaranty is unenforceable without adequate consideration.
Those common defenses fell into five general groups: Basic contract law; Disclosure; Scope-of-risk; Primary obligation; and Bankruptcy. Each defense can potentially derail or delay enforcement of the guaranty, thus producing counterintui- tive results for the lender.
Key issues for challenging a personal guarantee Are there any defences available to the guarantor? Has the creditor proceeded correctly against the guarantor? Are there any claims available to the principal against the creditor that can be relied on by the guarantor in reducing the guarantee liability?
Businesses that own substantial assets like equipment or real estate may be able to avoid a personal guarantee by pledging some of their valuable collateral. Depending on the circumstances, a secured loan may be favorable to signing a personal guarantee.
Unless a business is a sole proprietorship, personal guarantees can only be discharged by filing an individual bankruptcy. A business bankruptcy will not eliminate a personal guarantee. Likewise, the Chapter 13 co-debtor stay only applies to consumer debts and personal guarantees are usually considered business debts.
Personal guarantees are binding contracts, and from the moment the guarantee is in writing it becomes legally enforceable. There is no set time period during which a guarantee can be valid - it depends on the specifics set out in the particular guarantee.
The difference between corporate and personal guarantors is quite simple: a personal guarantor is an individual who agrees to take on the obligations of a debt for a debtor, whereas a corporate guarantor is a corporation that takes on payment responsibilities.

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