Standby Bank Guarantee Template for Hong Kong

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Key Requirements PROMPT example:

Standby Bank Guarantee

I need a Standby Bank Guarantee for HKD 10 million to secure a construction project performance obligation in Hong Kong, with the guarantee expiring on March 15, 2025, and including provisions for partial drawings.

Document background
The Standby Bank Guarantee is a crucial financial instrument in Hong Kong's commercial landscape, commonly used to provide payment security in various business transactions. It represents a bank's irrevocable commitment to pay a specified amount to a beneficiary upon the presentation of compliant documents evidencing a trigger event, typically a default or non-performance by the applicant. This document type is particularly relevant in Hong Kong's role as an international financial center, where it facilitates both domestic and cross-border transactions. The guarantee is governed by Hong Kong law and often incorporates international banking standards such as ISP98, making it a reliable and internationally recognized security instrument. It's frequently used in construction projects, international trade, performance obligations, and financial transactions where parties seek bank-backed payment security.
Suggested Sections

1. Bank Details and Reference: Identifying information of the issuing bank and guarantee reference number

2. Date: Date of issuance of the guarantee

3. Beneficiary Details: Full name and address of the party in whose favor the guarantee is issued

4. Applicant Details: Full name and address of the party requesting the guarantee

5. Guarantee Amount: The maximum amount of the guarantee and currency

6. Form of Demand: Specific requirements for making a valid demand under the guarantee

7. Purpose of Guarantee: Description of the underlying transaction or obligation being guaranteed

8. Expiry Date: The date and time when the guarantee expires

9. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

10. Applicable Rules: Reference to applicable rules (e.g., ISP98) governing the guarantee

Optional Sections

1. Transferability Clause: Include when the guarantee needs to be transferable to another beneficiary

2. Reduction Clause: Include when the guarantee amount may be reduced over time or upon certain events

3. Language of Demand: Include when demands must be made in a specific language

4. Multiple Demands Clause: Include when specifying whether multiple partial demands are permitted

5. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice

6. Counter-Guarantee Reference: Include when the guarantee is issued under a counter-guarantee arrangement

7. Electronic Presentation: Include when allowing for electronic presentation of documents

Suggested Schedules

1. Form of Demand: Template for the prescribed format of demand under the guarantee

2. Underlying Contract Details: Summary or extract of the relevant underlying contract details

3. Authorized Signatories: List of authorized signatories for the beneficiary who can make demands

4. Supporting Documents: List and samples of required supporting documents for making a demand

5. Amendment History: Record of any amendments made to the original guarantee

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

Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Real Estate Development

Energy and Utilities

Telecommunications

Shipping and Logistics

Government and Public Sector

Retail and Consumer Goods

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial Operations

Procurement

Banking Operations

Credit Administration

International Business

Project Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Corporate Banking Relationship Manager

Credit Risk Officer

Legal Counsel

Contract Manager

Project Finance Manager

Procurement Manager

Commercial Director

Financial Controller

Banking Operations Manager

Compliance Officer

Documentary Credits Specialist

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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