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Unsecured Bank Guarantee Template for Belgium

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Key Requirements PROMPT example:

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."

Document background
The Unsecured Bank Guarantee is a fundamental financial instrument used in commercial transactions where one party seeks payment security without requiring the other party to provide collateral. This document is particularly relevant in Belgian commercial practice and is governed by Belgian law, incorporating both national banking regulations and applicable EU directives. It's commonly used in various scenarios including tender submissions, performance security, advance payment protection, and commercial lease guarantees. The guarantee creates a primary obligation on the bank to pay upon demand, independent of the underlying commercial contract. The document typically includes detailed provisions on the guarantee amount, validity period, demand requirements, and payment procedures. Its unsecured nature means the bank relies solely on the principal debtor's creditworthiness, making it particularly important for established business relationships where the principal debtor has a strong financial standing.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Retail and Commercial

Government and Public Sector

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial Operations

Credit Control

Compliance

Corporate Banking

Trade Finance

Project Finance

Relevant Roles

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

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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