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Discharge Of Bank Guarantee for the United Kingdom

Discharge Of Bank Guarantee Template for England and Wales

A Discharge of Bank Guarantee is a formal legal document under English and Welsh law that releases a bank from its obligations under a previously issued bank guarantee. It serves as conclusive evidence that the beneficiary has relinquished all rights to make any claims under the guarantee, effectively terminating the bank's liability. The document must comply with UK banking regulations and financial services legislation, including requirements set by the Financial Conduct Authority and Prudential Regulation Authority.

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Discharge Of Bank Guarantee

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What is a Discharge Of Bank Guarantee?

A Discharge of Bank Guarantee is utilized when a bank guarantee is no longer required or when the underlying obligations have been fulfilled. This document is crucial in English and Welsh banking practice as it provides legal certainty for all parties involved. The discharge document typically includes details of the original guarantee, parties involved, and explicit release language. It must comply with UK banking regulations and may require specific formalities depending on the type and value of the original guarantee. The Discharge of Bank Guarantee should be carefully drafted to ensure it effectively terminates all rights and obligations under the original guarantee.

What sections should be included in a Discharge Of Bank Guarantee?

1. Bank Details: Full details of the bank that issued the guarantee, including registered name, address, and relevant registration numbers

2. Original Guarantee Reference: Complete reference information of the original bank guarantee including issue date, guarantee number, and amount

3. Beneficiary Details: Complete identification of the party in whose favor the guarantee was issued, including full legal name and address

4. Discharge Declaration: Formal statement releasing the bank from all obligations under the guarantee, with specific reference to the original guarantee

5. Return of Original Guarantee: Statement confirming the return or cancellation of the original guarantee document, including method of return or destruction

What sections are optional to include in a Discharge Of Bank Guarantee?

1. Partial Discharge: Section detailing the extent and terms of partial discharge when only a portion of the guarantee is being discharged

2. Related Securities: Details of any other securities or guarantees being discharged simultaneously or affected by this discharge

3. Conditions Precedent: Specific conditions that must be satisfied before the discharge becomes effective

What schedules should be included in a Discharge Of Bank Guarantee?

1. Schedule 1 - Original Guarantee: Copy or details of the original bank guarantee being discharged

2. Schedule 2 - Authorization Documents: Evidence of authority of the signing parties to execute the discharge

3. Schedule 3 - Related Correspondence: Copies of relevant communications regarding the discharge process

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

England and Wales

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions





























Clauses




























Industries

Financial Services and Markets Act 2000: Primary UK legislation governing financial services regulation and banking activities, including provisions relevant to bank guarantees

Banking Act 2009: Key legislation establishing the legal framework for banking operations and regulatory oversight in the UK

Law of Property Act 1925: Fundamental property law legislation that may affect security interests and guarantees related to property

Statute of Frauds 1677: Historic legislation requiring certain types of guarantees to be made in writing to be legally enforceable

PRA Requirements: Prudential Regulation Authority requirements governing banks' capital adequacy and risk management in relation to guarantees

FCA Regulations: Financial Conduct Authority regulations ensuring consumer protection and market integrity in financial services

Basel III Requirements: International banking standards affecting how banks manage guarantees and other financial instruments

Contract Law Principles: Common law principles governing formation, execution, and discharge of contracts under English law

Guarantee Law Principles: Specific common law principles relating to guarantees and indemnities in English law

Discharge Doctrine: Legal principles governing the termination and release of contractual obligations under English law

URDG 758: Uniform Rules for Demand Guarantees, international standards for bank guarantee practices

ICC Regulations: International Chamber of Commerce rules and standards affecting international banking practices

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