The Rental Guarantor Form is a crucial document in Hong Kong's property rental market, commonly used when landlords require additional security beyond the standard tenant commitments. This document is particularly relevant when dealing with student tenants, overseas tenants, or corporate tenants where parent company guarantees are required. The form establishes legally binding obligations under Hong Kong law, detailing the scope of the guarantee, enforcement mechanisms, and the specific circumstances under which the guarantor becomes liable. It needs to comply with Hong Kong's contract law principles and the Landlord and Tenant (Consolidation) Ordinance, while also considering practical aspects of guarantee enforcement in the Hong Kong legal system.
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1. Parties: Identification of all parties: Landlord, Tenant, and Guarantor, including full legal names, identification numbers/business registration numbers, and addresses
2. Background: Brief context explaining the underlying tenancy agreement and the need for a guarantee
3. Definitions: Key terms used in the document, including 'Guaranteed Obligations', 'Tenancy Agreement', 'Rent', and 'Term'
4. Guarantee and Indemnity: Core section detailing the guarantor's obligations and the scope of the guarantee
5. Duration of Guarantee: Period for which the guarantee remains valid, including any provisions for extension or termination
6. Guarantor's Representations and Warranties: Confirmations from the guarantor about their capacity and authority to provide the guarantee
7. Nature of Guarantee: Specification that this is a continuing guarantee and details about its binding nature
8. Enforcement and Remedies: Landlord's rights and procedures for enforcing the guarantee
9. Notices: How and where formal communications between parties should be made
10. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and Hong Kong courts' jurisdiction
11. Execution: Signature blocks for all parties with dates and witness provisions
1. Chinese Translation of Key Terms: Include when any party prefers documentation in Chinese or when dealing with Chinese-speaking guarantors
2. Guarantee Limit: Include when the guarantee is to be capped at a specific amount rather than being unlimited
3. Joint Guarantors: Include when there are multiple guarantors, defining their joint and several liability
4. Early Termination Rights: Include when specific circumstances for early termination of the guarantee are to be provided
5. Financial Reporting Requirements: Include when guarantor must provide periodic financial information to maintain the guarantee
6. Costs and Expenses: Include when specific provisions about legal and enforcement costs need to be detailed
1. Schedule 1 - Details of the Tenancy Agreement: Key details of the underlying tenancy agreement including property address, rent amount, and term
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for making formal demand under the guarantee
4. Appendix A - Copy of Tenancy Agreement: Attached copy of the referenced tenancy agreement
5. Appendix B - Guarantor's Supporting Documents: Copies of guarantor's identification and proof of address documents
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