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BankingLegal Dictionary

Guarantor

Indian Contract Act, 1872 — Sections 126–147; SARFAESI Act, 2002 — Section 2(f)

Definition

A person who gives a guarantee to repay a debt if the principal borrower defaults. In banking, personal guarantees of directors and promoters are typically required for corporate loans. Under SARFAESI, guarantors can be proceeded against — their properties can also be attached under the SARFAESI Act if they are mortgaged or charged as security.

Related Terms
Personal Guarantee
A guarantee provided by an individual (typically a director or promoter) to repay a borrower company
SARFAESI
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
Surety
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Need Expert Advice on Guarantor?

For specific advice on how Guarantor applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.

Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates

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