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Setting up a business involves complying with a range of legal requirements. Find out which ones apply to you and your new enterprise.

What particular regulations do specific types of business (such as a hotel, or a printer, or a taxi firm) need to follow? We explain some of the key legal issues to consider for 200 types of business.

While poor governance can bring serious legal consequences, the law can also protect business owners and managers and help to prevent conflict.

Whether you want to raise finance, join forces with someone else, buy or sell a business, it pays to be aware of the legal implications.

From pay, hours and time off to discipline, grievance and hiring and firing employees, find out about your legal responsibilities as an employer.

Marketing matters. Marketing drives sales for businesses of all sizes by ensuring that customers think of their brand when they want to buy.

Commercial disputes can prove time-consuming, stressful and expensive, but having robust legal agreements can help to prevent them from occurring.

Whether your business owns or rents premises, your legal liabilities can be substantial. Commercial property law is complex, but you can avoid common pitfalls.

With information and sound advice, living up to your legal responsibilities to safeguard your employees, customers and visitors need not be difficult or costly.

As information technology continues to evolve, legislation must also change. It affects everything from data protection and online selling to internet policies for employees.

Intellectual property (IP) isn't solely relevant to larger businesses or those involved in developing innovative new products: all products have IP.

Knowing how and when you plan to sell or relinquish control of your business can help you to make better decisions and achieve the best possible outcome.

From bereavement, wills, inheritance, separation and divorce to selling a house, personal injury and traffic offences, learn more about your personal legal rights.

Small firms steer clear of business loans with personal guarantees

27 February 2024

New research has found that many business owners are reluctant to take out loans to help grow their business because of the risk to their personal assets, including their homes.

New research conducted by Purbeck Personal Guarantee Insurance has revealed a worrying lack of understanding of personal guarantees in the context of business loans amongst small businesses. The survey has found that personal guarantees can place a lot of stress on a director and deter them from seeking finance, with 13% of small business owners polled reporting that they have backed out of a loan due to the demand for a personal guarantee.

The survey shows that there is widespread confusion about personal guarantees among business owners. Six in ten (60%) of small business owners surveyed either have no idea or are unsure what a personal guarantee is - despite the fact that 30% of respondents said they plan to take on new finance in 2024.

Once it was explained how personal guarantees work, 24% incorrectly thought the current minimum threshold for a loan to require a personal guarantee is £10,000. There is currently no minimum threshold for a personal guarantee to be requested by a lender. However, only 29% of the directors and owners of small businesses surveyed want personal guarantees to be banned for small business loans. Most said a threshold should be set between £10,000 and £20,000.

"Business owners must be pragmatic. While it's easy to empathise with the sentiment that personal guarantees should be banned on loans to small businesses, it is understandable that alternative lenders will need some assurance of repayment if the business fails. Fundamentally, small business owners need to understand the risk mitigation strategies they can take before signing a personal guarantee. These include sharing the guarantee with a co-director, guaranteeing part rather than the whole of the loan or taking personal guarantee insurance." Todd Davison, md, Purbeck Personal Guarantee Insurance.

Personal guarantees are "straitjacket" on small firms

The Federation of Small Businesses (FSB) has issued a super-complaint to the Financial Conduct Authority (FCA) to call out banks' widespread use of harsh personal guarantees which can force small business owners to put their homes on the line in order to take out a small loan.

The FSB says that personal guarantees can be a "straitjacket" on business growth, forcing entrepreneurs to put their homes or other assets on the line when taking out finance - even small loans that are easy to repay.

"Put yourself in the shoes of an entrepreneur who's created a promising business and is keen to grow. You approach your bank for a small loan, but they say you can only have the money if you sign a personal guarantee which would ultimately put your family home or other assets at risk. This is a straitjacket on small business growth. It is no wonder that many small business owners in that position are telling us they are choosing to avoid external funding which they could be using to capitalise on new opportunities. For amounts which are triflingly small for banks, but potentially transformational for small business owners, a strong dose of proportionality is required rather than a blanket imposition of personal guarantees." Martin McTague, FSB national chair.

The FCA has 90 days to respond to the FSB super-complaint and is expected to issue its findings in the coming days.

Written by Rachel Miller.

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