Surety

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Definition of 'Surety'

A surety is a person or company that agrees to be responsible for the debt of another person or company in the event that the primary debtor defaults. The surety is essentially guaranteeing that the debt will be paid, even if the primary debtor is unable to do so.

There are two main types of sureties: personal sureties and corporate sureties. Personal sureties are individuals who agree to be responsible for the debt of another person. Corporate sureties are companies that agree to be responsible for the debt of another company.

The terms of a suretyship agreement will vary depending on the specific situation, but there are some general principles that apply to all suretyship agreements. First, the surety is only responsible for the debt up to the amount of the surety bond. Second, the surety is only responsible for the debt if the primary debtor defaults. Third, the surety is entitled to be reimbursed by the primary debtor for any payments made on the debt.

Suretyship agreements are often used in commercial transactions, such as when a contractor agrees to be responsible for the debt of a construction company. Suretyship agreements can also be used in personal transactions, such as when a parent agrees to be responsible for the debt of a child.

It is important to note that suretyship agreements can be very risky for the surety. If the primary debtor defaults on the debt, the surety may be forced to pay the entire amount of the debt. For this reason, sureties should carefully consider the terms of any suretyship agreement before agreeing to be responsible for another person's debt.

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