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Business Bank Guarantee
"I need a Business Bank Guarantee document for my construction company in Hong Kong, where ABC Bank will guarantee HKD 5 million to our client XYZ Development Ltd for a new commercial building project, with the guarantee period running until March 2025."
1. Parties: Identifies and defines all parties to the guarantee: the Bank (Guarantor), the Applicant (Principal), and the Beneficiary
2. Background: Outlines the context of the guarantee, including the underlying transaction or relationship between the Applicant and Beneficiary
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount and Scope: Specifies the maximum amount of the guarantee and exactly what obligations are being guaranteed
5. Term and Validity: Specifies the effective date, expiry date, and any conditions affecting the validity of the guarantee
6. Demand Requirements: Details the process and requirements for making a valid demand under the guarantee
7. Payment Terms: Specifies how and when payment will be made following a valid demand
8. Bank's Rights and Obligations: Outlines the specific rights, obligations, and limitations of the bank's liability
9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
10. Execution: Formal signing section including witness requirements
1. Counter-Indemnity: Required when the Applicant must provide indemnity to the Bank; typically included as a separate document
2. Assignment Provisions: Include when the guarantee needs to be transferable or assignable
3. Multiple Beneficiaries: Include when there are multiple beneficiaries and their relationships need to be defined
4. Step-In Rights: Include when the Bank has the right to step into the underlying contract
5. Automatic Extension Clause: Include when the guarantee may need to be automatically extended under certain conditions
6. Language Clause: Include when the guarantee might be translated or executed in multiple languages
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the underlying contract or obligation being guaranteed
3. Fee Schedule: Details of bank fees and charges related to the guarantee
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Supporting Documents: List of required supporting documents for guarantee activation or claims
Authors
Banking and Financial Services
Construction and Real Estate
International Trade
Manufacturing
Retail
Infrastructure
Energy
Telecommunications
Professional Services
Transportation and Logistics
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Compliance
Operations
Project Management
Business Development
Chief Financial Officer
Treasury Manager
Finance Director
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Risk Manager
Company Secretary
Business Development Manager
Project Manager
Operations Director
Credit Manager
Relationship Manager (Banking)
Compliance Officer
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