The Bank Medallion Guarantee is a critical document in securities transactions, particularly when transferring ownership of securities or shares. While originating from North American practice, this document has been adapted to meet German legal requirements and banking regulations. It is typically required when executing significant securities transfers, changes in registration, or other security-related transactions where the authenticity of the transferor's signature and authority must be unquestionably verified. The guarantee serves as the bank's formal attestation of the signatory's identity and authority, providing protection against fraudulent transfers. The document must comply with German banking laws, particularly the Kreditwesengesetz (KWG) and relevant securities regulations, making it a crucial tool in maintaining the integrity of securities transactions in the German market.
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1. Bank Information: Details of the guaranteeing bank, including full legal name, registration numbers, and authorized representative
2. Document Date: Date of issuance of the guarantee
3. Customer Information: Full details of the customer requesting the guarantee, including legal name, address, and identification numbers
4. Security Details: Specific details of the securities/shares being guaranteed, including ISIN, quantity, and current registration
5. Transaction Description: Description of the specific transaction requiring the guarantee
6. Verification Statement: Formal statement confirming the bank's verification of the customer's identity and authority
7. Guarantee Statement: Express guarantee statement regarding the authenticity of the signature and authority of the transferor
8. Authentication Details: Bank's official stamp, seal, and authorized signatures as required by German law
1. Beneficial Ownership Declaration: Additional section required when dealing with complex ownership structures or trust arrangements
2. International Recognition Statement: Special clauses for international recognition, needed when the guarantee will be used outside Germany
3. Power of Attorney Reference: Required when the transaction is being conducted through a legal representative
4. Corporate Resolution Reference: Required for corporate entities, referencing the resolution authorizing the transaction
5. Translation Certification: Required when the document needs to be in multiple languages for international use
1. Identification Documents: Copies of verified identification documents of the customer
2. Security Certificate Details: Detailed information about the security certificates being guaranteed
3. Authorization Evidence: Supporting documents proving the authority to transfer (power of attorney, corporate resolutions, etc.)
4. Specimen Signature: Verified specimen signature of the authorized person
5. Bank Authorization: Internal bank documentation showing authority of the bank representative to issue the guarantee
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