A Guarantee Promissory Note is utilized in situations where a creditor requires both a direct promise of payment and additional security through a guarantee. This document type is particularly relevant in Hong Kong's commercial environment, where it provides a streamlined way to document both the primary debt obligation and the guarantee in a single instrument. The document must comply with Hong Kong's Bills of Exchange Ordinance for the promissory note aspects and the Law Amendment and Reform (Consolidation) Ordinance for the guarantee provisions. It typically includes details of the payment obligation, interest terms, guarantee provisions, and enforcement mechanisms. This format is especially useful in commercial lending, trade finance, and business transactions where the creditor seeks additional security beyond the primary debtor's promise to pay.
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1. Parties: Identifies the Maker (primary debtor), the Payee (creditor), and the Guarantor
2. Primary Promise to Pay: Unconditional promise by the Maker to pay a specific sum of money to the Payee, including the amount, currency, and due date
3. Interest Terms: Specifies the interest rate, calculation method, and payment frequency
4. Guarantee: The Guarantor's unconditional and irrevocable guarantee to pay the promised sum if the Maker defaults
5. Demand and Enforcement: Procedures for making demand for payment and enforcement rights
6. Representations and Warranties: Basic representations by both Maker and Guarantor regarding capacity and authority
7. Execution Block: Signature blocks for all parties with proper attestation requirements
1. Security: Include when the note is secured by specific assets or collateral
2. Payment Schedule: Include when payments are to be made in installments rather than as a single payment
3. Default Interest: Include when there is a different interest rate applicable upon default
4. Transferability: Include when the note needs to be transferable or negotiable
5. Guarantee Limitations: Include when the guarantee is subject to specific limitations or conditions
6. Joint and Several Liability: Include when there are multiple makers or guarantors
1. Payment Schedule: Detailed schedule of installment payments if applicable
2. Security Details: Description of any security or collateral provided
3. Guarantee Limit Calculation: If the guarantee is limited, the method of calculating the guarantee amount
4. Notice Details: Contact information and addresses for service of notices for all parties
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Lending
Corporate Finance
Real Estate
Trading and Commerce
Manufacturing
Import/Export
Small and Medium Enterprises
Professional Services
Investment
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Commercial Operations
Corporate Secretarial
Banking Relations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Credit Manager
Legal Counsel
Commercial Director
Risk Manager
Company Secretary
Financial Controller
Credit Officer
Compliance Officer
Banking Relationship Manager
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