Subsidiary guarantors: Overview, definition, and example
What are subsidiary guarantors?
Subsidiary guarantors refer to subsidiaries (smaller companies owned by a parent company) that agree to guarantee the obligations of the parent company or other subsidiaries within the corporate group. A subsidiary guarantor provides a promise to cover any debt or obligation if the parent company or another subsidiary fails to meet its financial commitments. This arrangement is common in corporate structures where a parent company wants to ensure that its subsidiaries have a financial backup, adding security to loans, credit agreements, or other financial transactions.
For example, if your small business is a parent company with several subsidiaries, you might have one of the subsidiaries act as a guarantor for a loan taken out by the parent company. If the parent company defaults on the loan, the subsidiary guarantor is responsible for repaying the debt.
Why are subsidiary guarantors important?
Subsidiary guarantors are important because they help enhance the creditworthiness and financial security of the parent company or other subsidiaries. By providing a guarantee, the subsidiary can make it easier for the parent company to secure loans or other financial agreements, as the lender has additional assurance that the debt will be repaid. This can also help reduce borrowing costs for the company, as lenders may offer more favorable terms when a subsidiary guarantees the loan.
For SMBs, using subsidiary guarantors can provide financial flexibility and increase access to capital, allowing for more efficient management of funds within the business group.
Understanding subsidiary guarantors through an example
Imagine your business is the parent company of a group of smaller companies. The parent company needs a large loan to finance expansion but is concerned about meeting the lender’s requirements. One of the subsidiaries agrees to act as a subsidiary guarantor, providing additional assurance to the lender that if the parent company fails to repay the loan, the subsidiary will cover the debt.
In another example, if your business operates in multiple regions with different subsidiaries in each, one of your regional subsidiaries may act as a guarantor for debt raised by the parent company to fund a project in another region. This ensures that the loan is secured by the financial strength of the subsidiary.
An example of subsidiary guarantors in action
Here’s how subsidiary guarantors might be referenced in a loan agreement:
“The parent company, along with its subsidiary XYZ Corp., hereby jointly and severally guarantees the repayment of the loan. In the event the parent company defaults on its obligations, XYZ Corp. will be responsible for fulfilling the debt repayment as outlined in this agreement.”
Conclusion
Subsidiary guarantors are subsidiaries of a parent company that agree to take on the responsibility of repaying debts or obligations if the parent company or other subsidiaries fail to do so. For SMBs, using subsidiary guarantors can help improve access to financing, reduce borrowing costs, and provide additional security to lenders. This arrangement ensures that the parent company or the business group has more flexibility and credibility in financial transactions.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.