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Personal Guarantee Settlement Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Personal Guarantee Settlement Agreement

"I need a Personal Guarantee Settlement Agreement for a HKD 2.5 million guarantee where the guarantor has agreed to settle for 70% of the outstanding amount, to be paid in monthly installments starting March 2025."

Document background
The Personal Guarantee Settlement Agreement is a crucial document used in Hong Kong when parties wish to resolve and restructure obligations under an existing personal guarantee. It becomes relevant when the original guaranteed debt requires modification, whether due to financial hardship, business restructuring, or mutual agreement between parties. This document, governed by Hong Kong law, typically details the original guarantee's background, the agreed settlement sum, payment terms, conditions for release, and continuing obligations. It serves as a legally binding resolution that provides certainty to all parties while ensuring compliance with Hong Kong's contract law principles, particularly those affecting guarantees and settlements. The agreement is especially important in commercial contexts where personal guarantees are common security instruments, such as in banking, real estate, and general commercial transactions.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the creditor, debtor, and guarantor(s)

2. Background: Recitals explaining the original guarantee, the outstanding debt, and the circumstances leading to this settlement

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

4. Settlement Sum: Specifies the agreed settlement amount and acknowledgment of the debt

5. Payment Terms: Details the payment method, timing, and conditions for settlement

6. Release and Discharge: Specifies the terms under which the guarantor will be released from the original guarantee

7. Representations and Warranties: Statements of fact and assurances from all parties

8. Continuing Obligations: Obligations that survive the settlement agreement

9. Default and Consequences: What constitutes default and the resulting consequences

10. General Provisions: Standard clauses including notices, amendments, governing law, etc.

11. Execution: Formal execution blocks for all parties

Optional Sections

1. Security Arrangements: Include when additional security is being provided as part of the settlement

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

3. Installment Payment Schedule: Include when settlement involves payments in installments

4. Conditions Precedent: Include when settlement is subject to specific conditions being met first

5. Confidentiality: Include when parties require specific confidentiality provisions

6. Tax Provisions: Include when there are specific tax implications that need to be addressed

7. Third Party Rights: Include when third party rights need to be explicitly addressed under Cap. 623

Suggested Schedules

1. Original Guarantee: Copy or details of the original guarantee being settled

2. Payment Schedule: Detailed breakdown of payment amounts and dates if installment payments are involved

3. Outstanding Debt Calculation: Detailed calculation showing how the settlement sum was determined

4. Security Details: Details of any security arrangements if applicable

5. Related Correspondence: Key correspondence or documents referenced in the settlement

6. Release Form: Form of release to be issued upon completion of settlement

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

Real Estate

Commercial Lending

Property Development

Manufacturing

Trading and Distribution

Professional Services

Retail

Construction

Import/Export

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Compliance

Corporate Secretarial

Commercial

Collections and Recovery

Business Development

Executive Management

Relevant Roles

Legal Counsel

Credit Manager

Risk Manager

Commercial Director

Chief Financial Officer

Collections Manager

Restructuring Officer

Company Secretary

Compliance Officer

Finance Director

Credit Control Officer

Managing Director

Recovery 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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