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Bank Guarantee Bond Template for Austria

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Key Requirements PROMPT example:

Bank Guarantee Bond

"I need a Bank Guarantee Bond under Austrian law for a construction project in Vienna, where my company needs to provide a performance guarantee of 鈧2.5 million to the municipal government, valid until March 2025."

Document background
A Bank Guarantee Bond is a fundamental financial security instrument used in commercial transactions where one party seeks assurance of performance or payment from another. Under Austrian law, these guarantees are commonly used in construction projects, international trade, tender submissions, and performance security arrangements. The document establishes the bank's commitment to pay a specified amount to the beneficiary upon demand, typically when the principal fails to meet their contractual obligations. The guarantee must comply with Austrian banking regulations, particularly the Banking Act (BWG) and Civil Code (ABGB), while often incorporating international banking practices. It includes essential details such as the guarantee amount, validity period, conditions for payment, and specific terms under which the guarantee can be called upon. Bank Guarantee Bonds are particularly crucial in cross-border transactions where Austrian entities are involved, providing security and confidence to international business relationships.
Suggested Sections

1. Parties: Identification of the Guarantor Bank, the Principal (party requesting the guarantee), and the Beneficiary

2. Guarantee Number and Date: Unique identification number of the guarantee and date of issuance

3. Reference to Underlying Transaction: Description of the primary contract or obligation that is being guaranteed

4. Guarantee Amount: The maximum amount of the guarantee commitment, specified in numbers and words

5. Currency: Clear specification of the currency in which the guarantee is issued

6. Type of Guarantee: Specification of whether it's a conditional or unconditional guarantee, demand guarantee, or other type

7. Conditions for Payment: Terms and conditions under which the guarantee can be called upon

8. Expiry Date/Validity: The duration of the guarantee and conditions for expiry

9. Payment Terms: Timeframe and process for payment upon valid demand

10. Governing Law and Jurisdiction: Explicit statement of Austrian law as governing law and jurisdiction clause

Optional Sections

1. Reduction Clause: Include when the guarantee amount may be reduced over time based on specific conditions

2. Transfer Provisions: Include when the guarantee rights may be transferable

3. Counter Guarantee Reference: Include when there is a counter-guarantee arrangement involved

4. Language Clause: Include when the guarantee may be used internationally to specify the prevailing language version

5. URDG 758 Reference: Include when the guarantee is subject to ICC Uniform Rules for Demand Guarantees

6. Claim Documentation Requirements: Include when specific documents are required for making a claim

7. Force Majeure Clause: Include for international guarantees or when specifically requested by parties

Suggested Schedules

1. Form of Demand: Template for making a valid demand under the guarantee

2. Supporting Documents List: List of required documents to be presented with a demand

3. Underlying Contract Summary: Brief summary of the main contract being guaranteed

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

5. Reduction Schedule: If applicable, schedule showing planned reductions in guarantee amount

Authors

Alex Denne

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

Relevant legal definitions






























Clauses






























Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Energy and Utilities

Infrastructure Development

Government and Public Sector

Telecommunications

Mining and Resources

Retail and Commercial

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial Operations

Project Management

Trade Finance

Compliance

Corporate Banking

Credit Administration

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Contract Manager

Risk Manager

Commercial Director

Project Manager

Trade Finance Manager

Credit Manager

Banking Relationship Manager

Compliance Officer

Corporate Finance Manager

Business Development Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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