Pledge and Guarantee
Pledge and guarantee are two common methods to secure assets or debt. They have certain similarities, but can have vastly different implications. Generally speaking, pledge is a form of security in which the debtor pledges some assets to the creditor, and if the debtor fails to fulfill their obligations, the creditor has a right to take possession of the pledged assets. Guarantees, on the other hand, involve a third party promising to make good a debt or other financial obligation of the debtor if they fail to fulfill the obligation. By making use of either guarantee or pledge, the creditor may attempt to secure their loan against the risk of default from the debtor.
Pledge is the most common type of security used in finance and offers more flexibility than a guarantee. In a pledge, the contractual obligations of the debtor remain unchanged and the debtor remains fully and unconditionally liable for the debt. However, the collateral asset belongs to the creditor in the event of default and is held as security for the debt. To create a pledge, the property is effectively transferred to the possession or legal control of the creditor. Depending on the type of asset, this may be accomplished by providing a title document, certificate, or physical possession of the property.
Guarantee, on the other hand, is an agreement between a guarantor, who agrees to be liable for a debt or obligation of another person, and the creditor. The guarantor undertakes the legal obligation to fulfill the debt or obligation in the event the debtor is unable to. The creditor may thus choose to sue the guarantor in the event of debtors default. It is important to note that a guarantee may be given without any underlying security being provided.
Ultimately, pledge and guarantee are both effectively ways in which creditors may attempt to secure debt against the risk of default. The key difference between the two is that a pledge involves an actual asset being provided to the creditor as security for the debt, while a guarantee does not. Thus, when choosing between these two methods to secure debt, it is important to assess the particular situation and choose the best option for meeting the creditor’s requirements.