By: Vitor Antony Ferrari, Ivan Kubala

The guarantor partner who has withdrawn from the guaranteed business corporation must be careful when releasing the guarantee provided in the lease agreement.
It is very common that in a lease agreement signed by business corporations, one of the partners offers a guarantee as a guarantee, so that they are responsible for any debts of the lessee corporation.

It is also normal that once the company is dissolved, the withdrawing partner who acted as guarantor understands that due to the dissolution of the link with said company, the guarantee provided loses its effects.

However, it is important to emphasize that this exemption is not automatic and the guarantor partner must inform the other party (lessor) about the exemption from the guarantee provided by him, whose reason for existence, namely, the link with the lessee company, disappeared with the corporate dissolution.

The law does not require formality for this communication, but it is recommended that it be express and never presumed, in order to dispel any doubt regarding the guarantor's intention.

It should also be noted whether the contract is valid for a fixed or indefinite period, with termination being permitted in both cases, but with different rules for each case.

In addition to the notification, the guarantor may also seek legal action to release the guarantee provided while he was a member of the tenant company.

Finally, it is important that partners who act as guarantors in lease agreements entered into by the companies of which they were part pay attention to these rules, so that in the event of the dissolution of the company they are not bound forever to contracts in which they no longer have an interest/responsibility, in addition to running the risk of being held liable for the guaranteed debt, including with family property, since this type of guarantee eliminates the non-attachability arising from Law No. 8009/90.

With the collaboration of Luis Felipe Meira Marques Simão.