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Direct Bank Guarantee Template for Hong Kong

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Key Requirements PROMPT example:

Direct Bank Guarantee

"I need a Direct Bank Guarantee for a construction project in Hong Kong, where my company (Golden Construction Ltd) requires a HKD 5 million guarantee from HSBC Bank, valid until March 15, 2025, to secure advance payment from the project owner Development Corp Ltd."

Document background
The Direct Bank Guarantee is a crucial financial instrument used in commercial transactions under Hong Kong law to provide security and risk mitigation. It is commonly utilized in scenarios where one party (the beneficiary) requires financial security from another party (the applicant), with a bank serving as the guarantor. This document type is particularly relevant in construction projects, international trade, and large commercial contracts where parties seek independent payment assurance. The guarantee contains specific provisions regarding the guarantee amount, validity period, demand requirements, and payment terms, all structured in compliance with Hong Kong banking regulations and contract law. The Direct Bank Guarantee's independent nature means the bank's obligation to pay is separate from the underlying commercial contract, providing enhanced security for beneficiaries.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal), and the Beneficiary

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee Amount: The maximum sum guaranteed and currency

5. Scope of Guarantee: Precise description of what obligations are being guaranteed

6. Duration: Validity period, effective date, and expiry date of the guarantee

7. Demand Requirements: Process and conditions for making a valid demand under the guarantee

8. Payment Terms: Timeline and method of payment upon valid demand

9. Bank's Rights and Obligations: Clear statement of the bank's commitments and limitations

10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

Optional Sections

1. Counter-Indemnity: Required when the applicant must provide indemnity to the bank

2. Transfer and Assignment: Include if the guarantee can be transferred or assigned

3. Reduction Clause: Include when the guarantee amount can be progressively reduced

4. Force Majeure: Include for international guarantees or when specifically requested

5. Language: Required if the guarantee will be issued in multiple languages

6. URDG 758 Incorporation: Include if the guarantee is to be subject to ICC Uniform Rules for Demand Guarantees

7. Anti-Money Laundering Compliance: Include for high-value guarantees or when dealing with certain jurisdictions

Suggested Schedules

1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee

2. Schedule 2 - Underlying Contract Details: Details of the primary contract being guaranteed

3. Schedule 3 - Supporting Documents: List of required supporting documents for making a claim

4. Appendix A - Special Conditions: Any special terms or conditions specific to this guarantee

5. Appendix B - Fee Schedule: Details of bank fees and charges if applicable

6. Appendix C - Authentication Procedures: Procedures for verifying authenticity of demands and communications

Authors

Alex Denne

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

Relevant legal definitions


































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Relevant Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Manufacturing

Real Estate Development

Shipping and Logistics

Energy and Utilities

Telecommunications

Government and Public Sector

Retail and Commerce

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Trade Finance

Corporate Banking

Commercial Operations

Credit Control

Project Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Trade Finance Manager

Contract Manager

Project Finance Director

Risk Manager

Compliance Officer

Banking Relationship Manager

Corporate Finance Manager

Legal Counsel

Commercial Director

Credit Risk Officer

Operations Manager

Documentary Credits Specialist

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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