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Bank Guarantee Letter for Hong Kong

Bank Guarantee Letter Template for Hong Kong

A Bank Guarantee Letter is a formal financial instrument issued by a bank in Hong Kong, governed by Hong Kong law and banking regulations, particularly the Banking Ordinance (Cap. 155). It represents an irrevocable commitment by the issuing bank to pay a specified sum to the beneficiary upon demand, subject to the terms and conditions stated in the guarantee. The document serves as a risk mitigation tool in commercial transactions, providing financial security to the beneficiary in case the principal fails to fulfill their contractual obligations.

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What is a Bank Guarantee Letter?

A Bank Guarantee Letter is a crucial financial instrument in Hong Kong's business landscape, commonly used in various commercial transactions where financial security is required. The document, governed by Hong Kong law, particularly the Banking Ordinance (Cap. 155) and common law principles, provides assurance to beneficiaries that they will receive payment up to a specified amount if certain conditions are met. Bank Guarantee Letters are frequently used in tender submissions, performance securities, advance payment guarantees, and trade finance transactions. They contain specific details about the guaranteed amount, validity period, claim conditions, and the underlying transaction. The document must comply with Hong Kong banking regulations and typically requires careful review by both legal and financial professionals to ensure proper structuring and enforceability.

What sections should be included in a Bank Guarantee Letter?

1. Bank Details and Reference: Bank's letterhead, reference number, and date of issuance

2. Addressee Details: Beneficiary's complete name and address

3. Guarantee Amount: Clear statement of the guaranteed sum in figures and words

4. Principal Party Information: Details of the party on whose behalf the guarantee is issued

5. Purpose of Guarantee: Specific purpose or underlying transaction for which the guarantee is issued

6. Guarantee Terms: Core terms and conditions of the guarantee including validity period

7. Claim Process: Procedure and conditions for making a claim under the guarantee

8. Expiry Details: Clear statement of expiry date and conditions

9. Governing Law Statement: Confirmation that the guarantee is governed by Hong Kong law

10. Bank's Authorization: Authorized signatures and bank's official stamp

What sections are optional to include in a Bank Guarantee Letter?

1. Counter-Indemnity Reference: Reference to any counter-indemnity arrangements, used when there is a separate counter-indemnity agreement

2. Assignment Clause: Terms regarding whether the guarantee can be assigned, included if assignment is permitted

3. Reduction Clause: Terms for automatic reduction of guarantee amount over time, used in performance guarantees

4. Extension Provisions: Conditions for extending the guarantee period, included if extensions are anticipated

5. Special Conditions: Any specific conditions or requirements unique to the particular guarantee

6. Language Declaration: Statement about prevailing language if guarantee is bilingual, used for international transactions

What schedules should be included in a Bank Guarantee Letter?

1. Form of Demand: Template for making a claim under the guarantee

2. Underlying Contract Reference: Details of the primary contract or obligation being guaranteed

3. Authorized Signatories: List of persons authorized to make claims under the guarantee

4. Supporting Documents: List of required documents to be presented with any claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Infrastructure Development

Energy and Utilities

Telecommunications

Government and Public Sector

Retail and Commerce

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Trade Finance

Project Management

Contract Administration

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Bank Relationship Manager

Credit Manager

Legal Counsel

Contract Manager

Project Manager

Risk Manager

Compliance Officer

Trade Finance Manager

Corporate Banking Officer

Financial Controller

Company Secretary

Business Development Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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