Domestic Bank Guarantee Template for Hong Kong

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Key Requirements PROMPT example:

Domestic Bank Guarantee

I need a Domestic Bank Guarantee for HKD 5 million to secure a construction contract with Hong Kong Housing Authority, where HSBC will be the guarantor bank and the guarantee needs to remain valid until project completion in March 2025.

Document background
The Domestic Bank Guarantee is a crucial financial instrument in Hong Kong's business landscape, commonly used to secure commercial obligations and provide financial security in various business transactions. This document is essential when a party requires assurance of payment or performance from another party, with a bank acting as guarantor. The guarantee, governed by Hong Kong law and banking regulations, typically includes specific details about the guaranteed amount, validity period, conditions for demand, and payment terms. It's particularly valuable in construction projects, tender submissions, lease agreements, and trade transactions where parties seek to mitigate commercial risks. The document must comply with Hong Kong Banking Ordinance requirements and local banking practices, while clearly establishing the rights and obligations of all parties involved.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary

2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee and Indemnity: Core provisions detailing the bank's guarantee obligations and maximum liability

5. Scope of Guarantee: Specific obligations or transactions covered by the guarantee

6. Duration and Validity: Term of the guarantee, including commencement and expiry dates

7. Demand Requirements: Process and conditions for making a demand under the guarantee

8. Payment Terms: Terms and conditions for payment upon valid demand

9. Bank's Rights and Obligations: Detailed description of the bank's rights, including right of recourse

10. Principal's Covenants: Obligations and undertakings of the principal party

11. Representations and Warranties: Standard representations and warranties from all parties

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction

13. Notices: Process and requirements for serving notices under the guarantee

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Counter-Indemnity: Required when the principal provides indemnity to the bank for any payments made under the guarantee

2. Security Arrangements: Include when specific security is provided to support the guarantee

3. Assignment and Transfer: Include when transfer rights need to be specifically addressed

4. Tax Provisions: Required when specific tax implications need to be addressed

5. Force Majeure: Include when specific force majeure provisions are required

6. Multiple Beneficiaries: Include when there are multiple beneficiaries and their relationships need to be defined

7. Electronic Execution: Include when electronic execution is contemplated

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the underlying contract being guaranteed

3. Fee Schedule: Details of bank fees and charges related to the guarantee

4. Security Details: If applicable, details of any security provided

5. Authorized Signatories: List of authorized signatories for each party

6. Contact Details: Detailed contact information for all parties for notice purposes

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

Relevant legal definitions
Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Retail

Infrastructure Development

Government and Public Sector

Technology and Telecommunications

Energy and Utilities

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Commercial

Procurement

Business Development

Project Management

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Bank Relationship Manager

Credit Risk Officer

Legal Counsel

Contract Manager

Commercial Director

Project Manager

Procurement Manager

Company Secretary

Compliance Officer

Business Development Manager

Account 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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