The Guarantee Letter is a vital security instrument commonly used in Hong Kong's commercial landscape. It's particularly relevant in situations where additional security is required for financial obligations, such as loan facilities, lease agreements, or trade finance arrangements. This document type must comply with Hong Kong's legal requirements, including being in writing and signed, as stipulated by the Law Amendment and Reform (Consolidation) Ordinance. The Guarantee Letter typically outlines the scope of the guarantee, payment terms, enforcement mechanisms, and any specific conditions attached to the guarantee obligation. It's widely used by financial institutions, landlords, and businesses seeking to secure their interests in commercial transactions, and forms an essential part of Hong Kong's commercial documentation practice.
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1. Date and Addressee: Date of the letter and details of the beneficiary of the guarantee (typically the creditor)
2. Opening and Reference: Opening salutation and reference to any underlying agreement or facility being guaranteed
3. Background: Brief context of the underlying transaction or relationship that necessitates the guarantee
4. Guarantee Declaration: Clear and unequivocal statement of the guarantee obligation being undertaken
5. Scope of Guarantee: Specific details of what is being guaranteed, including amount and duration
6. Payment Terms: Conditions and timing of payment under the guarantee
7. Enforcement Terms: Circumstances under which the guarantee can be called upon
8. Guarantor's Confirmation: Confirmation of understanding and acceptance of obligations
9. Execution Block: Signature block for the guarantor with witness provisions
1. Supporting Documents Reference: Used when specific documents need to be attached or referenced to support the guarantee
2. Multiple Guarantors Provisions: Include when there are multiple guarantors sharing the guarantee obligation
3. Currency Provisions: Required when the guarantee involves cross-border or multiple currency transactions
4. Demand Mechanics: Include for more complex guarantees where specific procedures for making demands need to be outlined
5. Counter-Indemnity: Used when the guarantor requires indemnification from the principal debtor
1. Form of Demand: Template for making a formal demand under the guarantee
2. Details of Underlying Facility: Summary of the main terms of the facility or obligation being guaranteed
3. List of Security Documents: Where the guarantee is part of a larger security package, list of related security documents
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Construction
Manufacturing
Trading and Commerce
Retail
Professional Services
Technology
Infrastructure
Import/Export
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit Control
Commercial Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Credit Manager
Risk Manager
Commercial Director
Treasury Manager
Company Secretary
Compliance Officer
Banking Relationship Manager
Corporate Finance Manager
Financial Controller
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