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Unsecured Bank Guarantee
"I need an Unsecured Bank Guarantee draft for a 鈧5 million construction project in Brussels, where KBC Bank will be the guarantor to secure our performance obligations to the municipal government, with the guarantee valid until March 2025."
1. Parties: Identifies the Bank (Guarantor), the Applicant (Principal Debtor), and the Beneficiary
2. Background: Sets out the context of the underlying transaction and the reason for the guarantee
3. Definitions: Defines key terms used throughout the guarantee, including Guaranteed Sum, Expiry Date, and Guaranteed Obligations
4. Guarantee: Core section establishing the bank's irrevocable and unconditional guarantee commitment
5. Scope of Guarantee: Defines the exact obligations covered by the guarantee and any limitations
6. Duration: Specifies the effective period of the guarantee and conditions for expiry
7. Demand Procedure: Details the process and requirements for making a valid demand under the guarantee
8. Payment Terms: Specifies payment timing, currency, and method after a valid demand
9. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights under the guarantee
10. Governing Law and Jurisdiction: Confirms Belgian law as governing law and specifies jurisdiction for disputes
11. Notices: Sets out formal communication requirements between parties
12. Assignment and Transfer: Addresses whether and how the guarantee rights can be transferred
1. Multiple Beneficiaries: Required when the guarantee benefits multiple parties, defining their rights and relationships
2. Reduction Provisions: Include when the guarantee amount may be reduced in stages or upon specific events
3. Counter-Indemnity: Optional section detailing the principal debtor's obligation to indemnify the bank
4. Tax Provisions: Include when tax implications need specific addressing, particularly for international guarantees
5. Force Majeure: Optional clause addressing circumstances preventing guarantee performance
6. Anti-Money Laundering Compliance: Include for high-value guarantees or when required by bank policy
7. Language: Required for bilingual guarantees specifying which language version prevails
1. Form of Demand: Template for making a valid demand under the guarantee
2. Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed
3. Authorized Signatories: List of persons authorized to make demands under the guarantee
4. Fee Schedule: Details of bank fees and charges related to the guarantee
5. Reduction Schedule: If applicable, schedule of planned reductions in guarantee amount
6. Required Documents: List of documents required to accompany any demand under the guarantee
Authors
Banking and Financial Services
Construction and Real Estate
International Trade
Manufacturing
Energy and Utilities
Infrastructure Development
Telecommunications
Retail and Commercial
Government and Public Sector
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Commercial Operations
Credit Control
Compliance
Corporate Banking
Trade Finance
Project Finance
Chief Financial Officer
Treasury Manager
Finance Director
Risk Manager
Commercial Director
Legal Counsel
Banking Relationship Manager
Credit Manager
Contract Manager
Business Development Manager
Project Finance Manager
Compliance Officer
Trade Finance Manager
Corporate Finance Manager
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