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Bank Guarantee Letter Template for Austria

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Key Requirements PROMPT example:

Bank Guarantee Letter

"I need a Bank Guarantee Letter under Austrian law for a construction project performance guarantee, to be issued by Erste Bank Austria for EUR 2.5 million, valid from March 1, 2025, to December 31, 2025, where our company BuildTech GmbH is the principal and Vienna City Council is the beneficiary."

Document background
A Bank Guarantee Letter is a crucial financial instrument used in Austrian business transactions where one party (the beneficiary) requires financial security from another party (the principal). This document, governed by Austrian law, particularly the Civil Code (ABGB) and Commercial Code (UGB), represents a bank's irrevocable commitment to pay a specified sum upon the occurrence of certain events or conditions. The guarantee can be used in various contexts, including bid bonds, performance guarantees, advance payment guarantees, or rental guarantees. The document must comply with Austrian banking regulations and typically includes detailed information about all parties, the guaranteed amount, validity period, calling conditions, and governing law provisions. Bank Guarantee Letters are particularly important in international trade, construction projects, and other commercial transactions where parties seek to mitigate financial risk.
Suggested Sections

1. Bank Details and Reference Number: Full name and address of the issuing bank, guarantee reference number, and date of issuance

2. Beneficiary Information: Complete details of the beneficiary including full name, address, and registration details if a company

3. Principal Information: Complete details of the principal (the party requesting the guarantee) including full name, address, and registration details if a company

4. Guarantee Amount: The specific amount and currency of the guarantee, written in both numbers and words

5. Underlying Transaction: Reference to the underlying contract or obligation being guaranteed, including relevant contract numbers and dates

6. Guarantee Scope: Clear statement of what is being guaranteed and the bank's obligations

7. Validity Period: Explicit start and end dates of the guarantee, including any automatic extension clauses

8. Payment Conditions: Terms and conditions under which the guarantee can be called, including any required documentation

9. Governing Law and Jurisdiction: Explicit statement that Austrian law governs and specification of jurisdiction for disputes

10. Bank Signature Block: Official signatures, stamps, and authentication details of the issuing bank

Optional Sections

1. Special Calling Conditions: Used when there are specific conditions or documentation requirements for calling the guarantee beyond standard requirements

2. Reduction Clauses: Include when the guarantee amount may be reduced over time according to specific conditions

3. Transfer Provisions: Required when the guarantee needs to be transferable to another beneficiary

4. Counter-Guarantee Reference: Needed when the guarantee is issued under a counter-guarantee from another bank

5. Language Provisions: Required when the guarantee is issued in multiple languages to specify which version prevails

6. URDG 758 Application: Optional reference to ICC Uniform Rules for Demand Guarantees if parties agree to apply these rules

Suggested Schedules

1. Form of Demand: Template for the beneficiary to use when making a claim under the guarantee

2. Supporting Documents List: Detailed list of documents required to be presented with any demand under the guarantee

3. Underlying Contract Summary: Brief summary of the main contract or obligation being guaranteed (used in complex transactions)

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

Telecommunications

Government and Public Sector

Insurance

Retail and Commercial

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Trade Finance

Banking Operations

Commercial Operations

Credit Management

Project Management

Relevant Roles

Banking Relationship Manager

Trade Finance Manager

Legal Counsel

Corporate Banker

Risk Manager

Treasury Manager

Financial Controller

Compliance Officer

Credit Manager

Contract Manager

Project Manager

Chief Financial Officer

Banking Operations Manager

Commercial Director

Business Development Manager

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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