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Conditional Bank Guarantee
"I need a Conditional Bank Guarantee for a construction project in Hong Kong, where ABC Construction Ltd requires a HKD 5 million guarantee from HSBC Bank, conditional upon certified completion stages, with the guarantee expiring on March 15, 2025."
1. Parties: Identifies the guarantor bank, the applicant (principal), and the beneficiary
2. Background: Describes the underlying transaction or relationship necessitating the guarantee
3. Definitions: Defines key terms used throughout the guarantee
4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency
5. Conditions for Payment: Details the specific conditions that must be met for the guarantee to be called
6. Form of Demand: Specifies how the beneficiary must make a demand under the guarantee
7. Payment Terms: Outlines the timeline and method for payment upon a valid demand
8. Expiry and Release: States when the guarantee expires and conditions for early release
9. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes
10. Notices: Specifies how and where notices must be delivered
1. Counter-Indemnity: Required when the bank requires specific indemnity from the applicant
2. Transfer and Assignment: Include when the guarantee needs to be transferable
3. Multiple Beneficiaries: Required when there is more than one beneficiary
4. Reduction Clause: Include when the guarantee amount may be reduced over time
5. Force Majeure: Optional clause dealing with circumstances beyond parties' control
6. Language: Required when the guarantee may be issued in multiple languages
7. Stamp Duty: Include when stamp duty requirements need to be addressed
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Key details of the contract or obligation being guaranteed
3. Conditions Precedent: List of conditions that must be satisfied before the guarantee becomes effective
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Supporting Documents: List of required supporting documents for making a demand
Authors
Banking Day
Beneficiary
Business Day
Claim
Conditions
Conditions Precedent
Counter-Guarantee
Demand
Effective Date
Event of Default
Expiry Date
Guaranteed Amount
Guaranteed Obligations
Guarantor
HKFRS
Hong Kong
Insolvency Event
Liability
Maximum Liability Amount
Notices
Original Guarantee
Payment Date
Permitted Transfer
Relevant Documents
Security
Specified Conditions
Supporting Documents
Tax
Transfer Certificate
Underlying Contract
Valid Demand
Payment Terms
Conditions Precedent
Demand Requirements
Documentary Requirements
Duration and Expiry
Reduction and Release
Assignment and Transfer
Counter-Indemnity
Representations and Warranties
Communications
Notices
Default Events
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Amendment and Variation
Severability
Entire Agreement
Third Party Rights
Stamp Duty
Currency
Set-Off Rights
Costs and Expenses
Confidentiality
Anti-Money Laundering
Compliance with Laws
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Manufacturing
Energy and Utilities
Telecommunications
Shipping and Logistics
Government and Public Sector
Mining and Resources
Legal
Finance
Treasury
Procurement
Risk Management
Commercial
Project Management
Trade Finance
Compliance
Corporate Finance
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Contract Manager
Procurement Manager
Risk Manager
Commercial Director
Project Manager
Trade Finance Manager
Compliance Officer
Banking Relationship Manager
Corporate Finance Manager
Business Development Director
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