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Bank Counter Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Bank Counter Guarantee

"I need a Bank Counter Guarantee document for MYR 5 million to support our infrastructure project in Kuala Lumpur, with validity until March 15, 2025, including specific provisions for Islamic banking compliance."

Document background
The Bank Counter Guarantee is a specialized financial instrument used in Malaysia when one bank needs to provide security to another bank in relation to an existing bank guarantee. This document becomes necessary in various scenarios, particularly in international trade, large infrastructure projects, or when local banks need to support their customers' overseas activities. The Bank Counter Guarantee details the specific obligations, including the guarantee amount, validity period, and conditions for demand, while ensuring compliance with Malaysian banking regulations and financial services laws. It serves as a risk mitigation tool for banks and provides a clear framework for inter-bank obligations and responsibilities. The document must comply with both the Financial Services Act 2013 and the Contracts Act 1950, and where applicable, the Islamic Financial Services Act 2013 for Shariah-compliant arrangements.
Suggested Sections

1. Parties: Identifies all parties involved: the Counter-Guarantor Bank, the Beneficiary Bank, and reference to the Principal (original applicant)

2. Background: Explains the context of the counter guarantee, including reference to the original guarantee and underlying transaction

3. Definitions: Defines key terms used throughout the document, including banking and technical terms

4. Counter Guarantee Amount: Specifies the maximum amount of the counter guarantee and the currency

5. Scope of Counter Guarantee: Details the extent and nature of the counter guarantee obligation

6. Term and Validity: Specifies the effective date, expiry date, and any auto-extension conditions

7. Demand Requirements: Outlines the conditions and process for making a claim under the counter guarantee

8. Payment Terms: Specifies the payment obligations, timing, and method of payment upon demand

9. Bank's Rights and Obligations: Details the rights and obligations of both banks under the counter guarantee

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Islamic Banking Compliance: Required when the counter guarantee needs to comply with Shariah principles

2. Foreign Currency Provisions: Included when the counter guarantee involves foreign currency transactions

3. Multiple Bank Arrangements: Required when more than two banks are involved in the counter guarantee structure

4. Step-in Rights: Optional provisions for circumstances where other parties may assume rights under the counter guarantee

5. Anti-Money Laundering Provisions: Additional compliance requirements for high-risk or international transactions

6. Force Majeure: Optional provisions for unforeseen circumstances affecting the counter guarantee

Suggested Schedules

1. Original Guarantee Details: Copy or details of the original bank guarantee being counter-guaranteed

2. Demand Format: Prescribed format for making demands under the counter guarantee

3. Fee Schedule: Details of fees, charges, and commission applicable to the counter guarantee

4. Supporting Documents: List of required supporting documents for counter guarantee activation

5. Authorized Signatories: List of authorized signatories and specimen signatures for both banks

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

International Trade

Construction

Infrastructure

Manufacturing

Energy

Telecommunications

Real Estate Development

Government and Public Sector

Islamic Banking

Relevant Teams

Legal

Compliance

Trade Finance

Credit Risk

Corporate Banking

Treasury Operations

International Banking

Islamic Banking

Financial Control

Banking Operations

Relevant Roles

Trade Finance Manager

Banking Operations Director

Legal Counsel

Compliance Officer

Credit Risk Manager

Corporate Banking Manager

Treasury Manager

International Banking Officer

Guarantee Operations Manager

Islamic Banking Specialist

Financial Controller

Senior Banking Executive

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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