Limited Suretyship – Amount & Cause of Debt

LIMITED SURETYSHIP

Amount & cause of debt 

Summary A Limited Suretyship may be used where a debt is owed or may in the future be owed by a person, and additional security is required in the form of another person accepting personal liability for the debt. This suretyship limits the surety’s liability to amounts that the debtor owes to the creditor relating to a specific transaction or agreement. In other words, the surety will not not liable for all the debtor’s debts.

We also have Limited Suretyships that are limited as to: amount; cause of debt; time and amount; and time.

Why do I need a Suretyship? A Limited Suretyship gives a supplier or creditor additional security. If the customer or debtor defaults, the creditor may use the suretyship to claim from the surety. If your business has customers or debtors who are likely to owe money, for example the provision of goods and services on credit, then a Suretyship can help to reduce the risk of non-payment. Particularly if your customers or debtors are legal entities such as companies or trusts, then the directors, shareholders or trustees can be requested to sign, personally guaranteeing the company’s or trust’s debt. But it can also be used by someone standing surety for their spouse, parent, child, friend or partner.

What does the Suretyship look like? This template suretyship can be printed onto three pages.

What do you need to do to use this sample Suretyship?

• Read the suretyship document to ensure that it suits your requirements. Make changes as required.
• Complete the relevant details, and get the surety or sureties to sign.

This is a limited payment guarantee. We also have an Unlimited Suretyship if you need the guarantors to sign an unlimited payment undertaking.

A specialist’s advice should be sought, particularly if the underlying debt is subject to the National Credit Act 34 of 2005.

Also viewed: Letters of Demand.

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