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Guarantor Declaration Form

Guarantor Declaration Form Template for Hong Kong

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Key Requirements PROMPT example:

Guarantor Declaration Form

"I need a Guarantor Declaration Form under Hong Kong law for a corporate guarantor backing a HKD 5 million business loan facility that will commence in March 2025, with the guarantor being a mainland China-based parent company."

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Document background
The Guarantor Declaration Form is a critical document in Hong Kong's financial and business transactions, used when a third party agrees to guarantee the obligations of a borrower or debtor. This document is essential in various contexts, from corporate lending to personal guarantees for business loans, and must comply with Hong Kong's legal framework, including the Banking Ordinance and Contract Law principles. The form typically includes comprehensive declarations about the guarantor's understanding of their obligations, financial position, and receipt of independent legal advice. It serves as a risk mitigation tool for creditors while ensuring guarantors make informed decisions about their commitments. The document is particularly important in Hong Kong's business environment, where personal and corporate guarantees are common in financing arrangements.
Suggested Sections

1. Guarantor Details: Full legal name, identification details, and contact information of the guarantor

2. Primary Debtor Details: Full details of the person or entity whose obligations are being guaranteed

3. Guaranteed Obligations: Clear description of the debt, facility, or obligations being guaranteed, including amounts and terms

4. Guarantee Declarations: Core declarations confirming the guarantor's understanding and acceptance of the guarantee obligations

5. Independent Legal Advice Confirmation: Confirmation that the guarantor has received or had the opportunity to receive independent legal advice

6. Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial position

7. Authorization for Credit Check: Consent for the creditor to conduct credit checks and access financial information

8. Execution Block: Signature section with witness requirements and date

Optional Sections

1. Security Details: Required when the guarantee is supported by specific assets or security interests

2. Corporate Authority: Required when the guarantor is a corporation, including board resolutions and constitutional documents

3. Spousal Consent: Required when the guarantor is married and local law or the creditor requires spousal acknowledgment

4. Guarantee Limit: Optional section specifying any cap or limitation on the guarantee amount

5. Foreign Currency Declaration: Required when the guaranteed obligation is in a currency different from the local currency

6. Personal Data Consent: Detailed consent for personal data handling, required when extensive data collection is involved

Suggested Schedules

1. Schedule of Guaranteed Facilities: Detailed list of specific loans, facilities, or obligations covered by the guarantee

2. Schedule of Secured Assets: Description of any assets provided as security in connection with the guarantee

3. Independent Legal Advice Certificate: Certificate from the legal advisor confirming advice provided to the guarantor

4. Corporate Authorization Documents: Copies of relevant board resolutions and corporate authorizations when guarantor is a company

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















Clauses




















Relevant Industries

Banking

Financial Services

Real Estate

Commercial Lending

Corporate Finance

Small Business Lending

Property Development

Asset Finance

Trade Finance

Investment Services

Relevant Teams

Legal

Credit Risk

Compliance

Corporate Banking

Retail Banking

Documentation

Credit Administration

Risk Management

Commercial Banking

Operations

Relevant Roles

Credit Officer

Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Banking Officer

Credit Risk Analyst

Corporate Banking Manager

Legal Documentation Officer

Credit Administration Manager

Underwriting Manager

Corporate Secretary

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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