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Non Financial Guarantee Template for Austria

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Key Requirements PROMPT example:

Non Financial Guarantee

"I need a Non-Financial Guarantee document under Austrian law where our parent company guarantees the completion of a solar power plant construction project by our subsidiary, with a completion deadline of June 2025 and including step-in rights for the guarantor."

Document background
The Non-Financial Guarantee is a critical legal instrument in Austrian commercial practice, commonly used to provide security for performance obligations in various business contexts. This document is particularly relevant when a party needs to guarantee non-financial obligations such as construction completion, service delivery, or warranty commitments. The guarantee must comply with Austrian law, specifically the provisions of the Austrian Civil Code (ABGB) regarding guarantees and sureties. It is designed to protect the beneficiary's interests while clearly defining the guarantor's obligations and liability limits. The document includes essential elements such as demand mechanisms, duration terms, and enforcement provisions, making it suitable for both domestic and international transactions where Austrian law is chosen as the governing law.
Suggested Sections

1. Parties: Identification of the Guarantor, Beneficiary, and Principal Debtor

2. Background: Context of the guarantee, reference to the underlying obligation or relationship

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee: Core guarantee provisions, scope, and nature (independent guarantee vs. surety)

5. Maximum Liability: Clear statement of the maximum amount covered by the guarantee

6. Duration and Validity: Term of the guarantee, expiry conditions, and any extension provisions

7. Demand Requirements: Process and formal requirements for making a valid demand under the guarantee

8. Payment Terms: Timeline and mechanics for payment upon valid demand

9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority

10. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

11. Notices: Communication procedures between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

2. Step-in Rights: Optional provisions allowing the guarantor to step into the principal debtor's position

3. Counter-indemnity: Include when the guarantor requires indemnification from the principal debtor

4. Assignment and Transfer: Include if parties want to allow/restrict transfer of guarantee rights

5. Tax Gross-up: Include if payments might be subject to withholding tax

6. Currency Provisions: Required if guarantee amount is in foreign currency or multiple currencies

7. Electronic Execution: Include if guarantee may be executed electronically

8. Consumer Protection Provisions: Required if guarantor is a consumer under Austrian law

Suggested Schedules

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

2. Underlying Obligation: Summary or copy of the principal obligation being guaranteed

3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

4. Specimen Signatures: Authorized signatures for making/accepting demands

5. Contact Details: Detailed contact information for all parties

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

Construction

Manufacturing

Engineering

Infrastructure

Energy

Real Estate

Technology

Telecommunications

Transportation

Industrial Services

Project Development

Relevant Teams

Legal

Compliance

Risk Management

Operations

Commercial

Finance

Project Management

Business Development

Corporate Secretariat

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Risk Manager

Commercial Director

Chief Legal Officer

Compliance Officer

Business Development Manager

Operations Director

Finance Director

General Counsel

Company 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, 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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