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CommentFebruary 22

Why an FCA ‘super-complaint’ could lead to regulation of personal guarantees

The UK financial regulator needs to consider a number of potential impacts as small businesses request it brings personal guarantees on loans under its supervision, writes Victoria Savage
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Why an FCA ‘super-complaint’ could lead to regulation of personal guaranteesTotal company insolvencies are at their highest point since the 2007 financial crisis, and have continued to rise since the end of pandemic support measures. Image: Carolyn Mendelsohn/Bloomberg

In December 2023, the Federation of Small Businesses filed a “super-complaint” to the Financial Conduct Authority. The complaint asked the FCA to investigate whether lenders demanding personal guarantees as security for small and medium-sized enterprises may be causing harm to those businesses and individuals.

The FSB claims that businesses are put off loan applications due to the potential for personal liability, and that individuals who give personal guarantees — which shift liability to the individual should the business fail to repay its loans — may then need to take out unnecessary and costly insurance to cover the risk.

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