Trade Finance Bank Guarantee Template for Hong Kong

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Key Requirements PROMPT example:

Trade Finance Bank Guarantee

"I need a Trade Finance Bank Guarantee under Hong Kong law for a construction project, where HSBC will guarantee payment of HKD 10 million to the project developer, with the guarantee expiring on March 15, 2025, and including electronic presentation provisions."

Document background
The Trade Finance Bank Guarantee is a crucial instrument in international trade and commercial transactions under Hong Kong law. It provides security to beneficiaries when conducting business with unknown or overseas counterparties, particularly in cross-border transactions. The document is commonly used in various scenarios including bid bonds, performance bonds, advance payment guarantees, and financial guarantees. It must comply with Hong Kong's Banking Ordinance and related regulations, while often incorporating international banking practices such as the Uniform Rules for Demand Guarantees (URDG 758). The guarantee can be structured as either a primary obligation of the bank or a secondary obligation contingent on the principal's default, depending on commercial requirements and the underlying transaction.
Suggested Sections

1. Parties: Identification of the Guarantor (Bank), Principal (Account Party), and Beneficiary

2. Background: Brief context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Sum', 'Expiry Date', and 'Underlying Contract'

4. Guarantee and Indemnity: Core guarantee obligations, including the maximum guaranteed amount and nature of the guarantee

5. Demand Requirements: Format and procedure for making a valid demand under the guarantee

6. Payment Terms: Timeline and method for payment upon receipt of a valid demand

7. Expiry and Release: Terms regarding the expiry of the guarantee and release of obligations

8. Bank's Rights and Obligations: Specific rights and obligations of the guarantor bank

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

10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction for disputes

Optional Sections

1. Counter-Indemnity: Required when the principal provides indemnity to the bank - typically in most corporate guarantee arrangements

2. Transfer and Assignment: Include when the guarantee needs to be transferable

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

4. Electronic Presentation: Include when demands can be made electronically

5. Multiple Beneficiaries: Required when there is more than one beneficiary

6. Foreign Law Interface: Include when the underlying transaction involves foreign law elements

7. Sanctions Compliance: Include specific sanctions compliance provisions for international trade

8. Force Majeure: Optional provisions for force majeure events affecting the guarantee

Suggested Schedules

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

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

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

4. Authorized Signatories: List of authorized signatories for all parties

5. Communications Details: Contact information and notice details for all parties

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
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Manufacturing

Construction

Energy

Infrastructure

Shipping and Logistics

Import/Export

Retail

Telecommunications

Real Estate

Mining and Resources

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial

Credit

Operations

International Banking

Corporate Banking

Documentary Credits

Relevant Roles

Trade Finance Manager

Corporate Banking Officer

Chief Financial Officer

Treasury Manager

Finance Director

Risk Manager

Compliance Officer

Legal Counsel

Commercial Director

Credit Manager

Banking Relationship Manager

Trade Operations Manager

Documentary Credits Specialist

International Business 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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