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Advance Payment Guarantee Bond Template for Netherlands

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Key Requirements PROMPT example:

Advance Payment Guarantee Bond

"I need an Advance Payment Guarantee Bond under Dutch law for a €5 million advance payment to a construction contractor, with the guarantee amount reducing by 25% every three months starting March 2025, and ABN AMRO Bank as the guarantor."

Document background
The Advance Payment Guarantee Bond is a crucial financial instrument in Dutch commercial transactions where significant advance payments are required. It is commonly used in construction projects, large equipment purchases, and international trade transactions where the buyer needs to make advance payments but requires security. The guarantee, issued by a bank under Dutch law, provides assurance that the advance payment will be refunded if the contractor or supplier fails to deliver their obligations. The document includes specific provisions regarding the guaranteed amount, validity period, demand procedures, and release conditions. It must comply with Dutch banking regulations and civil code requirements, particularly regarding suretyship and financial security instruments. This type of guarantee is essential for risk management in large commercial transactions and helps facilitate business dealings by providing financial security to the party making the advance payment.
Suggested Sections

1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary (party receiving the guarantee), and the Principal (party whose obligations are being guaranteed)

2. Background: Context of the underlying transaction, reference to the main contract requiring the advance payment, and the purpose of this guarantee

3. Definitions: Key terms used in the guarantee including 'Guaranteed Amount', 'Expiry Date', 'Underlying Contract', and 'Demand Notice'

4. Guarantee: Core guarantee provisions, including the amount guaranteed and the nature of the bank's obligation

5. Term and Expiry: Duration of the guarantee, expiry conditions, and any automatic reduction mechanisms

6. Demand Requirements: Formal requirements for making a valid demand under the guarantee, including required documentation and statements

7. Payment Terms: Timeline for payment upon receipt of a valid demand and payment mechanics

8. Reduction and Release: Conditions under which the guaranteed amount may be reduced and when the guarantee will be released

9. Governing Law and Jurisdiction: Specification of Dutch law as governing law and designation of competent courts

Optional Sections

1. Transfer and Assignment: Include when the guarantee needs to be transferable or when assignment rights need to be specifically addressed

2. Counter-Indemnity: Include when there needs to be explicit provisions regarding the Principal's obligation to indemnify the Guarantor

3. Multiple Demands: Include when partial demands need to be specifically addressed and regulated

4. Force Majeure: Include when specific force majeure provisions are required beyond standard Dutch law provisions

5. Language: Include when the guarantee may be used internationally or when multiple language versions are needed

Suggested Schedules

1. Form of Demand: Template for making a valid demand under the guarantee

2. Copy of Underlying Contract: Reference copy of the contract requiring the advance payment

3. Payment Schedule: If applicable, schedule showing any planned reductions in the guaranteed amount

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

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





































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Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Manufacturing

Energy and Utilities

International Trade

Engineering

Real Estate Development

Technology and Telecommunications

Industrial Projects

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Project Management

Procurement

Risk Management

Commercial

Business Development

Compliance

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Project Manager

Contract Manager

Legal Counsel

Risk Manager

Commercial Director

Procurement Manager

Business Development Manager

Bank Relationship Manager

Company Secretary

Financial Controller

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

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