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The Guarantee That Stays

The personal guarantee that does not transfer with the company, and from which the guarantor cannot exit unilaterally

The thesis

The controlling shareholder sells the company and remains liable for its debt. A surety (fiador) may release itself unilaterally; a guarantor under an aval has no such right, and Brazilian banks lend through bank credit notes (CCB), which carry an aval

What the study establishes

1

On a transaction of 156 million, the remaining exposure equals 29% of what the seller took home

2

The company's judicial reorganisation does not stay enforcement against the guarantor

3

Contractual indemnification gives a right of recourse, and it is worth least precisely when it is called upon

Download the study 13-page PDF, 2026 edition · in Portuguese

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