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Retention Bank Guarantee Template for Malaysia

A Retention Bank Guarantee under Malaysian law is a financial instrument issued by a bank that serves as security in lieu of cash retention money typically withheld in construction or large-scale project contracts. The document represents an irrevocable undertaking by the bank to pay a specified sum to the beneficiary upon valid demand, subject to the terms and conditions stated in the guarantee. It operates under Malaysian banking and contract laws, particularly the Financial Services Act 2013 and Contracts Act 1950, providing a secure mechanism for project owners while helping contractors maintain better cash flow.

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What is a Retention Bank Guarantee?

The Retention Bank Guarantee is a crucial financial instrument in Malaysian construction and project contracts, designed to replace the traditional practice of holding cash retention money. This document becomes relevant when a contractor or supplier seeks to improve their cash flow by obtaining a bank guarantee instead of having a percentage of their progress payments retained by the project owner. The guarantee, governed by Malaysian law, typically amounts to 5-10% of the contract value and remains valid throughout the defects liability period. It provides the project owner with security against defects or non-performance while allowing the contractor to maintain better working capital. The document includes specific provisions for making claims, validity periods, and payment obligations, all structured in compliance with Malaysian banking regulations and contract law.

What sections should be included in a Retention Bank Guarantee?

1. Bank Details and Reference Number: Issuing bank's details, guarantee reference number, and date of issuance

2. Beneficiary Details: Full name and address of the party in whose favor the guarantee is issued

3. Principal Details: Full name and address of the party who requested the bank guarantee

4. Underlying Contract Reference: Details of the main contract including contract number, date, and nature of works

5. Guarantee Amount: The maximum amount guaranteed, expressed in both figures and words

6. Purpose of Guarantee: Specific statement that this is a retention money guarantee and its purpose

7. Validity Period: Clear specification of the guarantee's start and expiry dates

8. Demand Requirements: Process and conditions for making a claim under the guarantee

9. Payment Terms: Bank's commitment to pay and the timeline for payment upon valid demand

10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Retention Bank Guarantee?

1. Reduction Clause: Optional clause specifying if and how the guarantee amount can be reduced over time, typically used in long-term projects

2. Islamic Banking Compliance: Additional provisions required if the guarantee is issued under Islamic banking principles

3. Multiple Beneficiaries: Additional provisions when there are multiple beneficiaries to the guarantee

4. Assignment Restrictions: Specific provisions regarding whether the guarantee can be assigned or transferred

5. Language Declaration: Required only if the guarantee is bilingual, specifying which version prevails

What schedules should be included in a Retention Bank Guarantee?

1. Form of Demand: Standard format for making a claim under the guarantee

2. Contract Extract: Relevant extract from the main contract referring to retention requirements

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Bank's Special Conditions: Any specific conditions or requirements imposed by the issuing bank

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

Jurisdiction

Malaysia

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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