Guarantee, Termination(Download)
To: (Holder of Guarantee)
Dear ____________:
This notifies you formally of our termination of our Guarantee, effective immediately, related to our Guarantee, a copy of which is enclosed, and was given to you by us pursuant to which we guaranteed the ongoing obligations of __________________ (Name).
Please accept this letter as formal notification to you that I am terminating all future obligations under the Guarantee effective as todays date, under this Guarantee and any other (s) you may be holding relating to this matter.
This termination notice is given to you in accordance with the terms and conditions of the
Guarantee.
Yours very truly,
_______________ Date: _________________
Maker of Guarantee
cc Person or Entity whose obligations were guaranteed.
Exhibit 1: Copy of Guarantee
Guarantee, TerminationReview List
This review list is provided to inform you about the document in question and assist you in its preparation. Terminating your guarantee only limits your liabilities from the date received by the party who has your guarantee. Therefore, you must send it by registered mail, by courier with signature required, or by a recognized overnight delivery service by a firm such as FedEx.
You should only take this action if you believe the party whose debt you are guaranteeing will continue to make payments against the guarantee outstanding and the party holding the guarantee will not just use this to call the debt and therefore put you back in the same place you were before, except matters may be even worse now if you have triggered a default on the matter.
These terminations are usually used by principals in businesses who no longer have those roles and whose guarantees were secondary, or good faith, guarantees of the debts in question. In these instances, the Termination can be very helpful over the long term to extricate you from these contingent liabilities. I have made use of this approach effectively in the past when selling a business or transferring management roles to another party.
The key cautionary note is to avoid taking this action if you believe it will trigger a default which, in turn, will weaken the original party and put your guarantee front and center for collection by the holder of your guarantee. Watch out for this boomerang problem.
