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Standby Bank Guarantee
"I need a Standby Bank Guarantee to secure a 鈧5 million construction project in Vienna, where the guarantee should cover 15% of the project value and remain valid until March 2025, with provisions for partial reductions as construction milestones are achieved."
1. Parties: Identification of the guarantor bank, the beneficiary, and the principal/applicant
2. Background: Context of the underlying transaction necessitating the guarantee
3. Definitions: Key terms used in the guarantee, including specific banking and legal terminology
4. Guarantee Amount and Currency: Precise statement of the maximum guaranteed sum and currency
5. Scope of Guarantee: Clear description of the obligations being guaranteed and the nature of the bank's commitment
6. Demand Requirements: Specific conditions and documentation required for making a valid demand under the guarantee
7. Payment Terms: Timeline and process for payment upon receipt of a valid demand
8. Expiry and Release: Conditions for expiry of the guarantee and release of the bank's obligations
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
10. Notices: Communication procedures and contact details for all parties
1. Transfer and Assignment: Include when the guarantee needs to be transferable to another beneficiary
2. Counter-Guarantee Provisions: Required when involving multiple banks or cross-border arrangements
3. Reduction Clauses: Include when the guarantee amount can be reduced over time or upon specific events
4. Force Majeure: Optional provisions for extraordinary circumstances affecting the guarantee
5. Language Provisions: Include when the guarantee might be translated or used in multiple languages
6. ICC URDG Incorporation: Optional incorporation of ICC Uniform Rules for Demand Guarantees
7. Electronic Presentation: Include when allowing for electronic submission of demands and documents
1. Form of Demand: Template for making a valid demand under the guarantee
2. Required Documents: List and format of supporting documents required for demands
3. Fee Schedule: Details of bank fees and charges related to the guarantee
4. Communications Schedule: Detailed contact information and authorized representatives of all parties
5. Underlying Transaction Details: Summary of the transaction or obligation being guaranteed
Authors
Banking and Financial Services
Construction and Real Estate
International Trade
Manufacturing
Energy and Utilities
Infrastructure Development
Telecommunications
Government and Public Sector
Retail and Commercial
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Trade Finance
Commercial Operations
Credit
Corporate Banking
Project Finance
International Banking
Document Management
Chief Financial Officer
Treasury Manager
Finance Director
Risk Manager
Trade Finance Manager
Legal Counsel
Compliance Officer
Banking Relationship Manager
Contract Manager
Project Finance Manager
Credit Risk Officer
Commercial Director
Operations Manager
Company Secretary
Financial Controller
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