Surety agreement (fianza)
One person, the guarantor, commits to answer for another person's obligation if that person doesn't comply; for example, backing a rent payment or a debt. It's signed at a notary office, and the delicate part is making clear how far the liability goes.
Requesting a quote doesn't commit you to anything
- You tell us about your case. It's free.
- We send you the price in writing, within 1 to 3 hours.
- You decide. If it works for you, we start. If not, you delete it with one click and pay nothing.
No one will pressure you. Your information is used only for your case.
Is it for you?
If any of these sounds like you, this procedure is for you.
- For anyone who needs to provide a guarantor (for example, to rent), for anyone who's going to act as a guarantor and wants to protect their limits, and for the creditor who wants solid, well-documented backing
What's included and what isn't
Everything clear from the start. No fine print.
Includes
- Review of the obligation to be guaranteed.
- Drafting of the surety agreement, defining whether it's simple or joint and several, the maximum amount, the duration and the benefit of excussion.
- Coordination of the notary appointment.
- Support on signing day.
Does not include
- Collateral over assets, such as a mortgage or a pledge (that's what the Secured loan agreement is for).
- The official notary fees, which are paid separately based on the number of pages.
Add to your procedure
Check it and we include it in your quote. You decide at the end.
What you need
Check off what you already have. You don't need everything to request your quote.
You have 0 of 3.
- Full details of the guarantor, the debtor and the creditor
- Details of the obligation to be guaranteed (amount, term, which contract it comes from)
- And the valid cédulas (Venezuelan national ID cards) of everyone who'll sign, who must appear in person at the notary office
How the process works
You do very little. We take care of the rest. The whole process: on average, 2 to 4 business days.
- Step 1
Tell us the obligation
You tell us what obligation is being backed and who the guarantor will be.
You do this - Step 2
We define the scope
We draft the surety agreement, clearly setting the guarantor's scope and limits.
We do this - Step 3
You sign
We book the appointment, and the parties sign in person with their cédula before the notary, a public official.
You do this - Result
Done
We hand you the authenticated document.
You receive it
We draft the contract, book the appointment at the Notaría Pública (government notary office) and the parties sign in person.
What it costs and how to pay
There are two separate payments, and we want you to see them clearly.
Our fee: we do all the work for you.
The official notary fee. It goes straight to the agency, and we give you the exact amount, with its receipt, before you pay anything.
How you pay: You pay once, when we start. In dollars, in bolívares at the official BCV exchange rate, or with Cashea.
How is your investment calculated?
Your investment has two parts, and we tell you about each one separately. Our base professional fee, from $55, to draft the surety agreement with clearly defined limits and handle its authentication; this base covers a standard surety agreement, and if it backs a large amount, the fee is adjusted proportionally to the transaction, something we tell you about and agree on with you before drafting
The official notary fee, which is calculated per page and paid in bolívares at the official BCV exchange rate on the day of the procedure Your lawyer gives you the exact figure before you pay anything, no strings attached.
FAQ
What happens if I sign a surety agreement with no cap on the amount or the time?
You answer with all your assets, for everything, forever. The cap and the term are what turn a favor into a controlled risk.
What's the difference between a simple surety and a joint and several one?
In a simple surety, the guarantor can demand that the creditor go after the debtor first; in a joint and several one, the creditor can collect directly from the guarantor.
How much does it cost?
The professional fee, from $55, covers drafting and authentication; the notary fee is separate, based on the number of pages.
Does the guarantor answer with their own assets?
Yes, a surety is a personal guarantee, which is why it's key to set a cap on the amount and the time.
Does the guarantor have to sign in person?
Yes, with a valid cédula at the notary office.
About this procedure
A fianza is the contract by which a person, called the guarantor, commits to a creditor to fulfill the obligation of a third party, the principal debtor, if the debtor fails to do so. It's a personal guarantee: the guarantor answers with their own assets. It's used constantly in Venezuela to back leases (the classic guarantor that landlords ask tenants for), loans, construction contracts and commercial obligations. The most delicate point, and where we look closest, is the scope of liability: whether the surety is simple or joint and several, whether it has a cap on the amount, how long it lasts, and whether the guarantor keeps the benefit of excussion (the right to demand that the principal debtor be pursued first, before the guarantor). Many people become guarantors without realizing they could end up paying the entire debt. We draft the document putting those limits in writing and take it to the notary office so it's authenticated and has a fecha cierta (a legally certain date, so the document holds up against third parties).
Legal framework and important notes
Ley de Registros y Notarías (Registries and Notaries Law) · Código Civil (Civil Code)
- The point you can't overlook is the scope of the guarantor's liability
- Becoming a joint and several guarantor, with no cap and no time limit, means committing to pay the entire debt indefinitely
- We insist on putting in writing the maximum amount, the duration and whether the benefit of excussion is kept
We guarantee our service, not what the agency decides. If something depends on them, we tell you clearly and in time.
Is your case different?Ask us, message us on WhatsApp or book a free consultation. A real person answers you.