Security & Collateral · glossary

Upstream guarantee

A guarantee a subsidiary gives for its parent's debt. Tooling gives one for the Company's loan, so Tooling's directors must record why it benefits Tooling itself, and its shareholder approves it. Chapter 7 · see Corporate benefit, Guarantee

Explained in Chapter 7, The Guarantor, the Group and the Negative Pledge, of Security & Collateral.

How it comes up, in Chapter 7
Tooling's directors owe their duty to Tooling, not to its parent or the group (section 172 of the Companies Act 2006). Yet Tooling receives none of the £12,000,000 loan. A subsidiary that guarantees its parent's debt gives an upstream guarantee, and the reason it helps the subsidiary is called corporate benefit.
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