¶¶Òõ¶ÌÊÓƵ

The Loan Guarantee Form is a critical legal instrument in Hong Kong's financial and commercial landscape, used when a third party (guarantor) agrees to secure the financial obligations of a borrower. This document is essential in various financing scenarios, from corporate lending to personal loans, where additional security is required by the lender. The form must comply with Hong Kong's legal requirements, including the Money Lenders Ordinance (Cap. 163) and common law principles governing guarantees. It typically includes detailed provisions on the guarantee's scope, the guarantor's obligations, enforcement mechanisms, and protection clauses. The document is particularly important in Hong Kong's business environment, where guarantee arrangements are commonly used to facilitate access to credit and financial services.

1. Parties: Identifies the guarantor, the lender (beneficiary of the guarantee), and the borrower whose obligations are being guaranteed

2. Background: Recitals explaining the context of the guarantee, including reference to the principal loan agreement

3. Definitions: Defines key terms used throughout the guarantee, including 'Guaranteed Obligations', 'Principal Agreement', and 'Events of Default'

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including both primary guarantee and indemnity provisions

5. Extent and Limits of Guarantee: Specifies the scope of guaranteed obligations and any limitations on the guarantee amount

6. Continuing Security: Establishes that the guarantee is continuing and covers all existing and future obligations under the principal agreement

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

8. Preservation of Rights: Lender's rights to enforce the guarantee without first pursuing the borrower or other remedies

9. Payments: Terms for making payments under the guarantee, including currency, timing, and method

10. Costs and Expenses: Responsibility for legal and enforcement costs

11. Notices: Process for giving formal notices under the guarantee

12. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and Hong Kong courts' jurisdiction