Bank Guarantee Discharge Letter for Hong Kong

Bank Guarantee Discharge Letter Template for Hong Kong

A formal document governed by Hong Kong law that provides written confirmation from a bank to release and discharge its obligations under a previously issued bank guarantee. This document effectively terminates the bank's liability under the original guarantee and typically includes specific details such as the original guarantee reference, amount, parties involved, and effective date of discharge. The document must comply with Hong Kong banking regulations and contract law requirements, ensuring proper execution and enforceability within the jurisdiction.

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What is a Bank Guarantee Discharge Letter?

A Bank Guarantee Discharge Letter is a crucial document used in Hong Kong's banking and commercial practice when a bank guarantee is no longer required or its underlying obligations have been fulfilled. This document is essential for formally releasing the bank from its obligations under the original guarantee and providing clear evidence that the guarantee is no longer in effect. The letter must comply with Hong Kong banking regulations and typically includes specific reference to the original guarantee, confirmation of discharge, and appropriate authorizations. It's commonly used in construction projects, international trade, and commercial transactions where bank guarantees serve as security. The discharge letter helps maintain clear records of terminated banking obligations and prevents future disputes regarding the status of the guarantee.

What sections should be included in a Bank Guarantee Discharge Letter?

1. Letter Header: Bank's letterhead, date, reference number, and addressee details

2. Guarantee Reference: Clear identification of the original bank guarantee including reference number, date, amount, and beneficiary

3. Confirmation of Discharge: Express statement confirming the full discharge and release of the bank guarantee

4. Return of Original Guarantee: Statement regarding the return/cancellation of the original guarantee document

5. Effective Date: Clear statement of when the discharge takes effect

6. Authorized Signature Block: Space for bank's authorized signatory details and signature

What sections are optional to include in a Bank Guarantee Discharge Letter?

1. Partial Discharge Details: Required when only a portion of the guarantee is being discharged, specifying the exact amount being released

2. Conditions Precedent: Include when the discharge is subject to certain conditions being met

3. Outstanding Claims Declaration: Statement confirming no outstanding claims against the guarantee, required by some banks

4. Governing Law Statement: While implied, some banks prefer explicit statement of Hong Kong law governance

5. Release Acknowledgment: Space for beneficiary's acknowledgment signature if required by bank policy

What schedules should be included in a Bank Guarantee Discharge Letter?

1. Original Guarantee Details: Copy or details of the original bank guarantee being discharged

2. Authorization Evidence: Proof of authority of the person signing the discharge (if required)

3. Supporting Documents: List of any additional documents evidencing completion of guaranteed obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Financial Services

Construction & Infrastructure

International Trade

Real Estate

Manufacturing

Energy & Resources

Retail & Commercial

Import/Export

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Commercial Operations

Trade Finance

Banking Operations

Project Management

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Manager

Treasury Manager

Bank Relationship Manager

Contract Manager

Legal Counsel

Company Secretary

Credit Manager

Risk Manager

Compliance Officer

Project Manager

Commercial Director

Trade Finance Manager

Banking Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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