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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."
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
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
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
Advising Bank
Affiliate
Applicable Law
Banking Day
Beneficiary
Business Day
Complying Presentation
Counter-Guarantee
Demand
Demand Notice
Effective Date
Event of Default
Expiry Date
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Hong Kong
HKMA
Indemnity
Interest Rate
Maximum Liability
Non-Banking Day
Notice
Parties
Payment Date
Permitted Transfer
Presentation
Principal
Reduction Date
Relevant Documents
Security
Substantial Compliance
Supporting Documents
Taxes
Transaction
Transfer
Underlying Contract
Working Day
Payment Obligations
Demand Requirements
Representations and Warranties
Indemnification
Reduction and Release
Transfer and Assignment
Communications
Notices
Default Events
Currency Provisions
Set-off Rights
Bank's Rights
Beneficiary's Rights
Amendment
Force Majeure
Sanctions Compliance
Anti-Money Laundering
Electronic Presentations
Time Limits
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Counterparts
Confidentiality
Costs and Expenses
Tax Provisions
Further Assurance
Banking and Financial Services
International Trade
Manufacturing
Construction
Energy
Infrastructure
Shipping and Logistics
Import/Export
Retail
Telecommunications
Real Estate
Mining and Resources
Legal
Finance
Treasury
Trade Finance
Risk Management
Compliance
Commercial
Credit
Operations
International Banking
Corporate Banking
Documentary Credits
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
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