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International Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

International Bank Guarantee

"I need an International Bank Guarantee governed by Austrian law for a construction project in Vienna, with a guarantee amount of 鈧5 million, to be valid from March 1, 2025, to December 31, 2025, with the option for partial demands and electronic presentation of claims."

Document background
The International Bank Guarantee is a crucial financial instrument used in international trade and business transactions under Austrian law. It provides security to parties engaging in cross-border transactions where one party (the beneficiary) requires financial assurance from a reputable bank regarding the performance or financial obligations of another party (the principal). The guarantee is typically issued when there are significant financial commitments involved, such as in major construction projects, international supply contracts, or tender submissions. The document incorporates specific provisions required by Austrian banking laws and regulations while adhering to international banking practices and standards. It includes detailed sections on claim procedures, validity periods, and payment terms, structured to be enforceable both within Austria and internationally. The guarantee can be modified to accommodate various commercial scenarios while maintaining compliance with Austrian legal requirements and banking regulations.
Suggested Sections

1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal/Applicant

2. Background: Context of the underlying transaction necessitating the bank guarantee

3. Definitions: Key terms used throughout the guarantee, including specific banking and legal terminology

4. Guarantee Amount and Currency: Specification of the maximum guaranteed sum and currency of payment

5. Scope of Guarantee: Clear description of what the guarantee covers and the bank's obligations

6. Duration and Validity: Effective date, expiry date, and any conditions affecting the guarantee's validity

7. Demand Requirements: Procedures and conditions for making a claim under the guarantee

8. Payment Terms: Timeframe and method for payment upon valid demand

9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

11. Notices: Communication procedures and contact details for all parties

12. Assignment and Transfer: Restrictions or conditions on transferring rights under the guarantee

Optional Sections

1. Counter-Guarantee Provisions: Required when the guarantee involves a counter-guarantee from another bank

2. Language Provisions: Needed for multi-language guarantees, specifying which version prevails

3. Electronic Presentation: Required when allowing electronic submission of demands

4. Force Majeure: Optional provisions for extraordinary circumstances affecting the guarantee

5. Partial Demands: Include when multiple partial demands are permitted under the guarantee

6. SWIFT Authentication: Required when the guarantee can be transmitted via SWIFT

7. Sanctions Clause: Required when dealing with international transactions potentially affected by sanctions

8. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the main contract being guaranteed

3. Authentication Procedures: Specified format and requirements for authenticating demands

4. Authorized Signatories: List of persons authorized to make demands or modifications

5. Bank's Standard Terms and Conditions: General terms applicable to all guarantees issued by the bank

6. URDG 758 Incorporation: If applicable, specific provisions from URDG 758 being incorporated

7. Communication Protocols: Detailed procedures for all formal communications under the guarantee

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

International Trade

Construction and Infrastructure

Manufacturing

Import/Export

Energy and Utilities

Telecommunications

Real Estate and Development

Transportation and Logistics

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

International Business

Corporate Banking

Credit

Operations

Commercial

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Legal Counsel

Compliance Officer

Risk Manager

International Business Development Manager

Contract Manager

Banking Operations Manager

Credit Risk Officer

Finance Director

Commercial Director

Project Finance Manager

Corporate Banking Manager

International Trade Specialist

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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