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Understanding Personal Guarantees in Commercial Leases: Key Insights

Collins & May Law Blog
Read full article →collinsmay.co.nz

Summary

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  • Personal guarantees in commercial leases can expose business owners to significant personal liability, even if the lease is in the company's name.
  • Landlords often require directors or majority shareholders to guarantee leases for added security, especially with companies lacking substantial assets.
  • Liability under a guarantee may persist even after selling the business, leaving former owners at risk for the entire lease term.
  • Both parties should seek legal advice to fully understand their obligations and risks before entering into a lease agreement.

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