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Personal Guarantee Letter
"I need a Personal Guarantee Letter for my company's Managing Director to guarantee a HKD 2 million business loan from HSBC Bank, with the guarantee period starting from March 1, 2025, and including provisions for joint and several liability as there will be two other individual guarantors."
1. Date and Parties: Clear identification of the guarantor, creditor, and the principal debtor
2. Reference to Principal Agreement: Details of the main agreement or debt being guaranteed, including dates, parties, and nature of obligations
3. Guarantee Statement: Clear and unequivocal statement of the guarantee being provided, including the scope and limit of the guarantee
4. Nature and Extent of Liability: Specific details of what is being guaranteed and the maximum liability amount if applicable
5. Duration of Guarantee: Time period of the guarantee and any conditions for termination
6. Payment Terms: Specifics about when and how payments under the guarantee must be made
7. Enforcement Terms: Conditions under which the guarantee can be enforced and the process for enforcement
8. Signature Block: Space for guarantor's signature, witness details, and date of execution
1. Joint and Several Liability: Required when there are multiple guarantors, specifying their joint and several liability
2. Security Provisions: Include when the guarantee is secured by specific assets or collateral
3. Foreign Currency Provisions: Required when the guaranteed amount is in a currency other than Hong Kong Dollars
4. Independent Legal Advice Confirmation: Recommended when dealing with individual guarantors to prevent future claims of undue influence or lack of understanding
5. Guarantee Limit: Optional section specifying maximum liability limit, if the guarantee is not unlimited
1. Schedule of Guaranteed Obligations: Detailed list of the specific obligations being guaranteed
2. Schedule of Security: Details of any security or assets provided to support the guarantee, if applicable
3. Certificate of Independent Legal Advice: Formal confirmation from a lawyer that the guarantor has received independent legal advice
4. Signature Requirements: Specific execution formalities and witness requirements
Authors
Banking & Financial Services
Commercial Real Estate
Small and Medium Enterprises
Corporate Lending
Retail Banking
Investment Banking
Manufacturing
Trading & Commerce
Professional Services
Construction & Development
Legal
Risk Management
Compliance
Credit Administration
Corporate Banking
Commercial Banking
Contract Management
Company Secretarial
Financial Control
Operations
Credit Manager
Risk Officer
Legal Counsel
Compliance Officer
Relationship Manager
Credit Analyst
Commercial Banking Officer
Legal Director
Chief Risk Officer
Corporate Banking Manager
Loan Officer
Contract Administrator
Financial Controller
Company Secretary
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