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Personal Guarantee Promissory Note Template for Hong Kong

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Key Requirements PROMPT example:

Personal Guarantee Promissory Note

"I need a Personal Guarantee Promissory Note for a HKD 2 million business loan to my manufacturing company, with my company director as guarantor and quarterly repayments starting March 2025, including standard default interest provisions under Hong Kong law."

Document background
The Personal Guarantee Promissory Note is a specialized financial instrument commonly used in Hong Kong business transactions where additional security is required for payment obligations. This document type serves multiple purposes by combining the features of a negotiable instrument under the Bills of Exchange Ordinance with the security of a personal guarantee. It is particularly useful in situations where a creditor requires both a clear, unconditional promise of payment from a primary debtor and additional security through a personal guarantee from a third party. The document typically includes detailed payment terms, guarantee provisions, enforcement mechanisms, and necessary party details. Its dual nature provides creditors with flexibility in enforcement, allowing them to pursue either the primary debtor or the guarantor, making it a valuable tool in commercial transactions, lending arrangements, and business dealings where payment security is paramount.
Suggested Sections

1. Parties: Identifies the maker (primary debtor), the payee (creditor), and the guarantor(s)

2. Background: States the context of the underlying debt and guarantee relationship

3. Definitions: Defines key terms used in the document

4. Promise to Pay: Unconditional promise to pay a specific sum, including payment details and terms

5. Guarantee: The guarantor's absolute and unconditional guarantee of the payment obligation

6. Guarantor's Representations and Warranties: Statements about the guarantor's capacity and authority to provide the guarantee

7. Enforcement Rights: Rights of the payee to enforce the note against either the maker or guarantor

8. Waiver of Presentment: Waiver of formal presentment requirements under negotiable instruments law

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

10. Execution: Signature blocks for all parties and witnessing requirements

Optional Sections

1. Multiple Guarantors: Additional provisions for joint and several liability when there are multiple guarantors

2. Security: Provisions regarding any collateral security provided to support the guarantee

3. Interest Provisions: Detailed terms about interest calculation and payment if applicable

4. Assignment: Provisions regarding the ability to assign or transfer the note

5. Demand Requirements: Specific requirements for making demand under the guarantee

6. Independent Legal Advice: Acknowledgment that the guarantor has received independent legal advice

7. Release Conditions: Conditions under which the guarantor may be released from obligations

Suggested Schedules

1. Payment Schedule: Details of payment amounts, dates, and methods

2. Guarantor Information: Detailed information about the guarantor(s) including contact details and identification

3. Underlying Debt Details: Specifics of the underlying debt being guaranteed

4. Notice Requirements: Contact details and procedures for serving notices

5. Form of Demand: Prescribed form for making demand 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


























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Relevant Industries

Banking and Financial Services

Commercial Real Estate

Small and Medium Enterprises

Corporate Finance

Private Lending

Manufacturing

Retail

Import/Export

Professional Services

Construction

Relevant Teams

Legal

Finance

Credit Risk

Treasury

Compliance

Commercial

Business Development

Collections

Corporate Banking

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Treasury Manager

Commercial Director

Financial Controller

Compliance Officer

Credit Analyst

Business Development Manager

Account Manager

Collections 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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