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Loan Guarantee Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Loan Guarantee Agreement

"I need a Loan Guarantee Agreement under Hong Kong law where my company will act as guarantor for a HKD 5 million business loan to our subsidiary; we need multiple guarantors and cross-border payment provisions as some guarantors are based in Singapore."

Document background
A Loan Guarantee Agreement is essential in secured lending transactions where additional security is required beyond the principal debtor's commitments. This document, governed by Hong Kong law, provides lenders with additional security by bringing in a third party (the guarantor) who agrees to fulfill the debtor's obligations if they default. The agreement is commonly used in corporate financing, property transactions, and business loans where the lender requires extra assurance of repayment. It needs to comply with Hong Kong's Contract Ordinance and financial regulations, and typically includes comprehensive details about the guaranteed obligations, enforcement rights, and the specific circumstances under which the guarantee can be called upon. The document is particularly important in Hong Kong's dynamic financial market, where complex lending arrangements often require robust security structures.
Suggested Sections

1. Parties: Identifies the Guarantor, Lender (Beneficiary), and Principal Debtor

2. Background: Explains the context of the underlying loan agreement and the purpose of this guarantee

3. Definitions and Interpretation: Defines key terms and interpretation rules used throughout the agreement

4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnification provisions

5. Scope of Guarantee: Defines exactly what obligations are covered by the guarantee

6. Nature of Guarantee: Establishes that the guarantee is continuing, unconditional, and irrevocable

7. Preservation of Rights: Ensures guarantee remains valid despite changes to underlying loan or debtor's circumstances

8. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee

9. Payment Provisions: Details how and when payments must be made under the guarantee

10. Taxes and Expenses: Addresses tax implications and cost responsibilities

11. Default and Enforcement: Specifies events of default and enforcement rights

12. Notices: Communication requirements and contact details

13. General Provisions: Standard boilerplate clauses including severability, amendments, and governing law

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Include when the guarantee is secured by specific assets

2. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability

3. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

4. Subordination: Include when the guarantor's rights need to be subordinated to the lender

5. Currency Provisions: Include for cross-border transactions involving multiple currencies

6. Set-off Rights: Include when set-off rights are specifically required

7. Financial Covenants: Include when ongoing financial conditions apply to the guarantor

8. Guarantee Limitations: Include when specific limitations on the guarantee amount or scope are required

Suggested Schedules

1. Schedule 1 - Principal Loan Agreement Details: Details of the underlying loan agreement being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed description of the obligations covered by the guarantee

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

4. Schedule 4 - Forms of Notice: Standard forms for various notices under the agreement

5. Schedule 5 - Security Details: Details of any security provided (if applicable)

6. Appendix A - Payment Procedures: Detailed payment and bank account information

7. Appendix B - Demand Form: Standard form for making demands under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Real Estate

Construction

Manufacturing

Retail

Corporate Services

Investment

Private Equity

Infrastructure

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit

Corporate Banking

Commercial Banking

Company Secretarial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Banking Relationship Manager

Compliance Officer

Treasury Manager

Financial Controller

Company Secretary

Commercial Director

Managing Director

Credit Risk Officer

Loan Officer

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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