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Performance Guarantee Bond for Hong Kong

Performance Guarantee Bond Template for Hong Kong

A Performance Guarantee Bond under Hong Kong law is a financial security instrument where a bank or financial institution (the Guarantor) provides a guarantee to a beneficiary regarding the performance obligations of a principal party under a separate underlying contract. The document, governed by Hong Kong law and incorporating common law principles, establishes the terms under which the guarantee can be called upon, the maximum liability amount, and the mechanism for making claims. It serves as a risk mitigation tool in commercial transactions, particularly in construction and infrastructure projects, where significant financial commitments are involved.

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What is a Performance Guarantee Bond?

Performance Guarantee Bonds are essential security instruments in Hong Kong's commercial landscape, particularly utilized in construction, infrastructure, and large-scale project contracts. They provide financial security to project owners or employers (beneficiaries) against potential defaults or non-performance by contractors or suppliers (principals). The guarantee, typically issued by a bank or financial institution, can be called upon through a defined demand process if the principal fails to meet their contractual obligations. The Performance Guarantee Bond includes specific provisions regarding the guarantee amount, validity period, demand requirements, and payment obligations, all structured within Hong Kong's legal framework. This document type is crucial for risk management in significant commercial transactions and often required as a condition precedent in major contracts.

What sections should be included in a Performance Guarantee Bond?

1. Parties: Identifies the Guarantor (typically a bank/financial institution), the Principal (the party whose performance is being guaranteed), and the Beneficiary

2. Background: Describes the underlying contract or obligation being guaranteed and the context for the guarantee

3. Definitions: Defines key terms used throughout the bond document

4. Guarantee and Indemnity: Core section establishing the guarantee obligation and maximum liability amount

5. Demand Requirements: Specifies the form and process for making a demand under the guarantee

6. Payment Obligations: Details the timing and manner of payment upon valid demand

7. Duration and Expiry: Specifies the effective period of the guarantee and conditions for expiry

8. Independent Obligation: Confirms the guarantee as an independent obligation separate from the underlying contract

9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

What sections are optional to include in a Performance Guarantee Bond?

1. Transfer and Assignment: Include when the bond needs to be transferable or assignable

2. Counter-Indemnity: Include when there's a separate counter-indemnity from the Principal to the Guarantor

3. Multiple Guarantors: Include when there are multiple guarantors providing joint or several guarantees

4. Reduction Provisions: Include when the guarantee amount reduces over time or upon specific events

5. Foreign Law Compliance: Include when parties are subject to foreign laws requiring specific provisions

What schedules should be included in a Performance Guarantee Bond?

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

2. Underlying Contract Details: Key details of the contract being guaranteed

3. Payment Details: Banking and payment information for processing demands

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

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

Cost

Free to use
Relevant legal definitions
























Clauses





















Relevant Industries

Construction

Infrastructure Development

Real Estate

Manufacturing

Engineering

Project Development

Banking and Finance

International Trade

Government and Public Sector

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Project Management

Operations

Compliance

Corporate Secretariat

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Finance Director

Commercial Director

Risk Manager

Treasury Manager

Chief Financial Officer

Procurement Manager

Construction Manager

Business Development Director

Company Secretary

Compliance Officer

Industries







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