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Performance Letter Of Guarantee for Malaysia

Performance Letter Of Guarantee Template for Malaysia

A Performance Letter of Guarantee under Malaysian law is a financial instrument issued by a bank or financial institution that provides assurance to a project owner (beneficiary) that a contractor (principal) will fulfill their contractual obligations. This document, governed by Malaysian banking and contract laws, serves as a risk mitigation tool where the bank guarantees to pay a specified sum to the beneficiary if the principal fails to perform their contractual duties. The guarantee is typically issued in accordance with the Financial Services Act 2013 and follows Bank Negara Malaysia's guidelines on guarantee facilities.

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Performance Letter Of Guarantee

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What is a Performance Letter Of Guarantee?

The Performance Letter of Guarantee is a crucial document in Malaysian business transactions, particularly in construction and infrastructure projects. It is typically required when a company (principal) enters into a significant contract to provide services or complete a project, and the client (beneficiary) needs security against non-performance. The guarantee, issued by a Malaysian bank or financial institution, provides financial protection up to a specified amount, usually a percentage of the contract value. The document includes essential details such as the guarantee amount, validity period, conditions for invocation, and payment terms. Under Malaysian law, these guarantees are regulated by the Financial Services Act 2013 and must comply with Bank Negara Malaysia's guidelines, making them legally enforceable financial instruments that provide security and confidence in business transactions.

What sections should be included in a Performance Letter Of Guarantee?

1. Bank's Letterhead and Reference: Official letterhead of the issuing bank with reference number and date

2. Addressee Details: Beneficiary's complete name and address

3. Guarantee Reference: Clear statement that this is a Performance Guarantee with reference to the underlying contract

4. Principal Identification: Details of the party on whose behalf the guarantee is issued

5. Underlying Contract Details: Reference to the main contract including date and brief description of works/services

6. Guarantee Amount: The maximum amount guaranteed, stated in both figures and words

7. Validity Period: Clear start and end dates of the guarantee

8. Terms of Invocation: Conditions under which the guarantee can be called upon

9. Payment Terms: Timeline and method of payment upon valid invocation

10. Governing Law: Statement that the guarantee is governed by Malaysian law

What sections are optional to include in a Performance Letter Of Guarantee?

1. Dispute Resolution: Include when specific dispute resolution mechanisms are required beyond standard court jurisdiction

2. Reduction Clause: Include when the guarantee amount may be reduced in stages based on project milestones

3. Extension Clause: Include when there might be a need for extending the validity period

4. Assignment Restrictions: Include when transfer of guarantee rights needs to be specifically restricted

5. Force Majeure: Include when specific force majeure provisions are required for the guarantee

What schedules should be included in a Performance Letter Of Guarantee?

1. Contract Extract: Relevant excerpts from the underlying contract that are referenced in the guarantee

2. Payment Schedule: If the guarantee amount reduces over time, schedule of such reductions

3. Specimen Claim Format: Format for submitting claims under the guarantee

4. Authorization Evidence: Proof of authority of bank signatories (if required by beneficiary)

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

Malaysia

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions

















Clauses




















Relevant Industries

Construction

Infrastructure Development

Manufacturing

Engineering

Energy

Oil and Gas

Telecommunications

Real Estate Development

Mining

Government Projects

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Procurement

Operations

Project Management

Business Development

Compliance

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Risk Manager

Commercial Director

Procurement Manager

Company Secretary

Operations Director

Business Development 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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