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Bank Guarantee For Lost Bill Of Lading for Canada

Bank Guarantee For Lost Bill Of Lading Template for Canada

This document represents a formal guarantee issued by a Canadian bank to a shipping company or carrier, providing protection against potential claims arising from the delivery of cargo without the original bill of lading. Operating under Canadian federal banking and maritime laws, including the Bank Act and Bills of Lading Act, this guarantee enables the release of goods when the original bill of lading has been lost or misplaced. The document outlines the bank's commitment to indemnify the carrier up to a specified amount, typically twice the cargo value, for a defined period, usually one year from the date of cargo delivery.

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Bank Guarantee For Lost Bill Of Lading

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What is a Bank Guarantee For Lost Bill Of Lading?

The Bank Guarantee For Lost Bill of Lading is a crucial instrument in international maritime trade when the original bill of lading, which serves as title to the goods, has been lost or misplaced. This document, governed by Canadian federal legislation including the Bank Act and Bills of Lading Act, enables the smooth completion of international trade transactions despite the missing original document. The guarantee typically includes details of the lost bill of lading, cargo specifications, vessel information, and the bank's commitment to indemnify the carrier. It is commonly used in situations where time is of essence, and waiting for a replacement original bill of lading would result in significant delays and costs. The guarantee amount usually represents twice the cargo value and remains valid for a specified period, providing protection to carriers while facilitating timely cargo release.

What sections should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Parties: Identification of the Bank (Guarantor), the Applicant (usually the cargo owner/receiver), and the Beneficiary (usually the shipping company/carrier)

2. Background: Details of the lost bill of lading, including vessel name, voyage number, cargo details, and circumstances of loss

3. Definitions: Key terms used in the guarantee including 'Original Bill of Lading', 'Replacement Bill of Lading', 'Cargo', 'Vessel', etc.

4. Guarantee and Indemnity: Core section detailing the bank's guarantee to indemnify the carrier against claims related to delivering cargo without the original bill of lading

5. Amount of Guarantee: Specification of the maximum amount covered by the guarantee, usually twice the cargo value

6. Duration of Guarantee: Period of validity of the guarantee, typically one year from delivery date

7. Claims Procedure: Process for making claims under the guarantee, including notice requirements and documentation

8. Bank's Rights and Obligations: Detailed description of the bank's rights, including right to investigate claims and conditions for payment

9. Governing Law and Jurisdiction: Specification of applicable law (Canadian) and courts having jurisdiction

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

11. Execution: Signature blocks and execution formalities

What sections are optional to include in a Bank Guarantee For Lost Bill Of Lading?

1. Counter-Indemnity: Section detailing the applicant's obligation to indemnify the bank, used when the applicant is not the bank's direct customer

2. Security Provisions: Details of any security provided by the applicant to the bank, used when additional security is required

3. Multiple Bills of Lading: Additional provisions when the guarantee covers multiple bills of lading

4. Assignment: Provisions regarding the ability to assign rights under the guarantee, included when assignment might be relevant

5. Language: Clause specifying prevailing language, used when guarantee might be translated into other languages

What schedules should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Schedule 1 - Details of Lost Bill of Lading: Copy or details of the lost bill of lading including bill number, date, parties, vessel details

2. Schedule 2 - Cargo Details: Detailed description of cargo including quantity, value, and shipping marks

3. Schedule 3 - Form of Demand: Template for making a claim under the guarantee

4. Appendix A - Evidence of Loss: Documentation regarding the loss of the original bill of lading, including any police reports or statutory declarations

5. Appendix B - Shipping Documents: Copies of relevant shipping documents including delivery order, commercial invoice, packing list

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

Jurisdiction

Canada

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions



























Clauses






























Relevant Industries

Banking & Financial Services

Maritime & Shipping

International Trade

Logistics & Supply Chain

Insurance

Commodities Trading

Import/Export

Transportation

Relevant Teams

Legal

Trade Finance

Maritime Operations

Risk Management

Commercial Banking

Documentation

Compliance

Credit

Operations

International Banking

Supply Chain Operations

Claims Management

Relevant Roles

Trade Finance Manager

Shipping Manager

Maritime Lawyer

Bank Guarantee Officer

Trade Operations Manager

Logistics Coordinator

Documentation Specialist

Risk Manager

Commercial Banking Officer

Supply Chain Manager

Import/Export Manager

Claims Handler

Compliance Officer

Credit Risk Officer

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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