The Personal Guarantee Letter is a crucial document in Hong Kong's commercial and financial landscape, commonly used when additional security is required for loans, credit facilities, or other financial obligations. It serves as a risk mitigation tool for creditors while facilitating access to credit for businesses and individuals. The document must comply with Hong Kong's legal requirements, including the Contract and Rights of Third Parties Ordinance and relevant banking regulations. Personal Guarantee Letters are particularly important in situations involving small business loans, property transactions, or corporate borrowing where the principal debtor's creditworthiness alone may not satisfy the lender's requirements. The document typically includes detailed information about the guaranteed obligations, enforcement mechanisms, and the guarantor's maximum liability, while ensuring compliance with Hong Kong's consumer protection and banking regulations.
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1. Date and Parties: Clear identification of the guarantor, creditor, and the principal debtor
2. Reference to Principal Agreement: Details of the main agreement or debt being guaranteed, including dates, parties, and nature of obligations
3. Guarantee Statement: Clear and unequivocal statement of the guarantee being provided, including the scope and limit of the guarantee
4. Nature and Extent of Liability: Specific details of what is being guaranteed and the maximum liability amount if applicable
5. Duration of Guarantee: Time period of the guarantee and any conditions for termination
6. Payment Terms: Specifics about when and how payments under the guarantee must be made
7. Enforcement Terms: Conditions under which the guarantee can be enforced and the process for enforcement
8. Signature Block: Space for guarantor's signature, witness details, and date of execution
1. Joint and Several Liability: Required when there are multiple guarantors, specifying their joint and several liability
2. Security Provisions: Include when the guarantee is secured by specific assets or collateral
3. Foreign Currency Provisions: Required when the guaranteed amount is in a currency other than Hong Kong Dollars
4. Independent Legal Advice Confirmation: Recommended when dealing with individual guarantors to prevent future claims of undue influence or lack of understanding
5. Guarantee Limit: Optional section specifying maximum liability limit, if the guarantee is not unlimited
1. Schedule of Guaranteed Obligations: Detailed list of the specific obligations being guaranteed
2. Schedule of Security: Details of any security or assets provided to support the guarantee, if applicable
3. Certificate of Independent Legal Advice: Formal confirmation from a lawyer that the guarantor has received independent legal advice
4. Signature Requirements: Specific execution formalities and witness requirements
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