Am I an owner of a business if I’m a personal guarantor on an SBA loan taken out for the business?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I an owner of a business if I’m a personal guarantor on an SBA loan taken out for the business?

Am I concerned that I’ll be a part-owner of a business if am a 10& personal guarantor on an SBA loan taken out to buy the business?

Asked on April 1, 2019 under Business Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Guaranteeing a loan makes you liable for the loan's repayment, however it does not confer any ownership rights. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, guarantying a loan does not make you an owner of a busines: personally guarantying a loan makes you liable for the loan if it is not paid, nothing more and nothing less. If you are not a shareholder in a corporation, a member in an LLC, or don't have a partnership agreement in a partnership, you are not an owner.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption