By Raphaël MORENON
20 July 2025
Guarantees for partners' current accounts or bank overdrafts are one of the most complex personal sureties in commercial law. It lies at the crossroads of several legal approaches: that of guarantees, that of current accounts and, frequently, that of insolvency proceedings. For company directors or individual guarantors, committing to cover the balance of a current account represents a major risk that is often poorly understood. The aim of this article is to summarise the essential mechanisms of this guarantee, covering the key stages from its formation to its extinction. For a study of the fundamental mechanisms and pitfalls of surety bonds in general, or the impact of insolvency proceedings on this type of guarantee, dedicated articles are available. The complexity of these commitments means that the assistance of a lawyer with expertise in guarantees is often essential.Introduction: understanding current account guaranteesWhat is a current account guarantee?
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