Guarantor Form As Attachment To Lease Template for Hong Kong

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Key Requirements PROMPT example:

Guarantor Form As Attachment To Lease

"I need a Guarantor Form As Attachment To Lease for a Hong Kong commercial property lease where a parent company will act as guarantor for its subsidiary's 5-year office lease starting March 2025, with specific provisions for corporate guarantee and cross-border enforcement as the parent company is based in Singapore."

Document background
The Guarantor Form As Attachment To Lease is a crucial document in Hong Kong's property leasing landscape, commonly used when landlords require additional security beyond the tenant's covenant. This document is particularly relevant for commercial leases, new business tenants, or situations where the tenant's financial standing alone may not satisfy the landlord's requirements. The form establishes a legally binding commitment from a third party (guarantor) to ensure the performance of all lease obligations, including rent payment, maintenance responsibilities, and other contractual duties. Under Hong Kong law, this guarantee must be in writing and typically includes specific provisions regarding the scope of guarantee, enforcement mechanisms, and the guarantor's obligations. The document is designed to complement the main lease agreement and provides landlords with an additional layer of security while facilitating lease arrangements that might otherwise not be possible.
Suggested Sections

1. Parties: Identification of the Guarantor, Landlord, and Tenant (including full names, addresses, and identification numbers)

2. Background: Brief recitals explaining the context of the guarantee, referring to the main lease agreement and the landlord's requirement for a guarantee

3. Definitions: Key terms used in the guarantee agreement, including reference to defined terms in the main lease

4. Guarantee and Indemnity: Core section detailing the guarantor's obligations, including both primary guarantee and indemnity provisions

5. Scope of Guarantee: Specific details of what obligations are being guaranteed, including rent, expenses, and other tenant obligations under the lease

6. Duration of Guarantee: Period for which the guarantee remains in effect, including any provisions for termination or continuation

7. Guarantor's Acknowledgments: Confirmations and representations by the guarantor regarding their obligations and understanding

8. Landlord's Rights: Powers and remedies available to the landlord under the guarantee

9. Payment Terms: Specifics about how and when the guarantor must make payments upon demand

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Multiple Guarantors: Additional provisions for cases where there is more than one guarantor, defining joint and several liability

2. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company rather than an individual

3. Guarantee Limit: Section defining any cap on the guarantor's liability, if applicable

4. Foreign Guarantor Provisions: Additional provisions for overseas guarantors, including service of process and governing law confirmations

5. Security Provisions: Additional provisions where the guarantor is providing specific security or assets to back the guarantee

Suggested Schedules

1. Schedule 1 - Main Lease Details: Key information about the main lease being guaranteed, including date, parties, and premises

2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed under the lease

3. Schedule 3 - Guarantor Information: Detailed information about the guarantor(s) including contact details and financial information

4. Appendix A - Copy of Main Lease: Attached copy of the main lease agreement being guaranteed

5. Appendix B - Guarantor's Due Diligence Information: Optional appendix containing guarantor's financial information or corporate authorization documents

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 Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial Property

Hospitality

Banking and Finance

Professional Services

Education

Relevant Teams

Legal

Real Estate

Property Management

Leasing

Compliance

Risk Management

Facilities Management

Asset Management

Operations

Contract Administration

Relevant Roles

Property Manager

Leasing Manager

Legal Counsel

Real Estate Agent

Property Administrator

Tenancy Manager

Compliance Officer

Risk Manager

Contract Administrator

Facilities Manager

Asset Manager

Real Estate Director

Company Secretary

Commercial Director

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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