Many company directors choke when they look at the factoring documentation package and see the requirement for them to sign a Personal Guarantee. Some walk away from the deal altogether, claiming they’ve made enough disclosure. Others say the Personal Guarantee reeks of traditional bank financing.
Let’s make one thing very clear. Corporations, by themselves, don’t commit fraud. It’s the people behind them. The Personal Guarantee is the factor’s safeguard against fraud – and not, as is commonly assumed, an alternative means of recovering payment by going after an individual.
Factors carry credit insurance in respect of funds that they advance on a non-recourse basis. Many factors advance funds pursuant to a Line of Credit that they have with their banks. As a condition of the credit insurance and the bank Line Of Credit, factors are required to obtain a Personal Guarantee from the directors of their customers.
As and when the factor has funded an invoice for which it has not been paid by the ultimate debtor, it is far cheaper to simply off-set the amount against future advances, rather than resorting to litigation via the Personal Guarantee.
© 2007 Sanjeev Aaron Williams & Cashwerks All Rights Reserved
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