The Loan Personal Guarantee Form is a crucial document in Hong Kong's lending landscape, typically used when a lender requires additional security beyond the borrower's own creditworthiness. This document is essential in scenarios where individuals or entities are willing to guarantee the repayment of another party's loan obligations. The form must comply with Hong Kong's legal framework, particularly the Contract Ordinance and Money Lenders Ordinance, and typically includes detailed provisions about the guarantee's scope, the guarantor's obligations, enforcement mechanisms, and protection clauses. It's commonly used in both commercial and personal lending contexts, providing lenders with additional security while ensuring guarantors understand their commitments and potential liabilities. The document becomes particularly important in Hong Kong's dynamic financial market, where personal guarantees often facilitate access to credit for businesses and individuals.
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1. Parties: Identifies all parties: the guarantor, the lender, and the borrower
2. Background: Explains the context of the guarantee, including reference to the primary loan agreement
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Extent of Guarantee: Specifies the scope and limitations of the guarantee, including maximum liability
6. Continuing Security: Establishes that the guarantee remains in force until all secured obligations are discharged
7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor
8. Payments: Details of how and when payments must be made under the guarantee
9. Default and Enforcement: Specifies events of default and the lender's enforcement rights
10. Costs and Expenses: Allocation of costs related to the guarantee
11. Notices: How formal communications between parties should be made
12. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Security: Include when the guarantee is supported by specific assets or security interests
2. Joint and Several Liability: Required when there are multiple guarantors
3. Assignment and Transfer: Include when the lender may want to transfer rights under the guarantee
4. Independent Legal Advice: Recommended when the guarantor is an individual or small business
5. Financial Covenants: Include when the guarantor must maintain specific financial conditions
6. Currency Provisions: Required when the loan and guarantee involve multiple currencies
7. Third Party Rights: Include to address whether third parties have rights under the guarantee
1. Primary Loan Agreement Details: Summary of the main loan agreement being guaranteed
2. Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Form of Demand: Template for making formal demands under the guarantee
4. Guarantor's Assets Declaration: Statement of the guarantor's assets and financial position
5. Specific Secured Assets: Details of any assets specifically secured under the guarantee
6. Independent Legal Advice Certificate: Certificate confirming the guarantor received independent legal advice
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