Performance And Financial Bank Guarantee Template for Hong Kong

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Key Requirements PROMPT example:

Performance And Financial Bank Guarantee

"I need a Performance and Financial Bank Guarantee for a construction project in Hong Kong, with HSBC as guarantor for HKD 10 million, covering both performance of works and advance payment security, expiring on March 15, 2025."

Document background
The Performance and Financial Bank Guarantee is a crucial financial instrument in Hong Kong's commercial landscape, commonly used in large-scale projects, international trade, and significant commercial contracts. It provides beneficiaries with comprehensive protection by combining performance security with financial guarantees, all backed by a bank's creditworthiness. This document type is particularly relevant when parties require security for both operational performance and financial obligations under a primary contract. The guarantee, governed by Hong Kong law and banking regulations, typically includes specific conditions for calling on the guarantee, clear payment obligations, and defined validity periods. It's especially valuable in cross-border transactions where Hong Kong's robust legal framework provides certainty and enforceability.
Suggested Sections

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

2. Background: States the underlying contract or obligation being guaranteed and the purpose of the guarantee

3. Definitions: Defines key terms used throughout the guarantee, including Guaranteed Amount, Expiry Date, and Demand Notice

4. Guarantee and Undertaking: Core section stating the bank's unconditional undertaking to pay the guaranteed amount upon valid demand

5. Maximum Liability: Specifies the maximum amount of the guarantee and any conditions for reduction

6. Demand Requirements: Details the form and content requirements for making a valid demand under the guarantee

7. Payment Terms: Specifies the timing and method of payment upon receipt of a valid demand

8. Validity Period: States the effective date and expiry date of the guarantee

9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited

2. Counter-Indemnity: Include when the bank requires specific indemnification from the Principal

3. Reduction Clause: Include when the guarantee amount can be reduced over time or upon specific events

4. Multiple Demands: Include when multiple partial demands are allowed or specifically prohibited

5. Force Majeure: Include when specific force majeure provisions are required beyond standard contract principles

6. Electronic Presentations: Include when demands can be made electronically

7. Language: Include when the guarantee may be issued in multiple languages

Suggested Schedules

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. Authentication Procedures: Specified procedures for verifying authorized signatories and demands

4. Reduction Schedule: If applicable, schedule showing planned reductions in guarantee amount

5. Contact Details: Contact information for all parties for notices and demands

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 Infrastructure

International Trade

Manufacturing

Real Estate Development

Energy and Utilities

Telecommunications

Government and Public Sector

Engineering Services

Project Development

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Project Management

Procurement

Trade Finance

Corporate Banking

Compliance

Relevant Roles

Chief Financial Officer

Treasury Manager

Project Manager

Contract Manager

Risk Manager

Legal Counsel

Commercial Director

Finance Director

Banking Relationship Manager

Procurement Manager

Business Development Director

Company Secretary

Credit Risk Officer

Trade Finance 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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