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Standby Guarantee for the Netherlands

Standby Guarantee Template for Netherlands

A Standby Guarantee under Dutch law is a formal undertaking issued by a bank or financial institution, committing to pay a specified sum to a beneficiary upon presentation of a compliant demand. This document, governed by Dutch law and typically following International Standby Practices (ISP98), serves as a financial security instrument that provides assurance of payment or performance. It contains specific terms regarding the trigger events for payment, expiry conditions, and documentary requirements for making a demand. The guarantee is independent of the underlying commercial contract and operates under the principle of autonomy, characteristic of Dutch banking law and practice.

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Standby Guarantee

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What is a Standby Guarantee?

The Standby Guarantee is a crucial financial instrument used in commercial transactions where one party seeks financial security for the performance obligations of another party. This document is particularly relevant when dealing with cross-border transactions involving Dutch entities or where parties choose Dutch law as the governing law. The guarantee provides an independent, irrevocable commitment from a bank to pay upon presentation of compliant documents, offering a robust security mechanism. It typically includes detailed provisions on the guarantee amount, validity period, demand conditions, and documentary requirements. Under Dutch law, these guarantees are governed by both local legislation (particularly the Dutch Civil Code) and international banking practices (ISP98), making them highly standardized and internationally recognized instruments. The document is commonly used in various commercial contexts, from securing payment obligations to backing performance commitments in large contracts.

What sections should be included in a Standby Guarantee?

1. Issuing Bank Details: Full name and address of the bank issuing the guarantee

2. Beneficiary Details: Complete identification of the party in whose favor the guarantee is issued

3. Guarantee Number: Unique reference number of the guarantee

4. Underlying Transaction: Reference to the primary contract or obligation being guaranteed

5. Guarantee Amount: The maximum amount payable under the guarantee and currency

6. Effective Date: Date from which the guarantee becomes effective

7. Expiry Details: Expiry date or conditions and place of expiry

8. Payment Terms: Conditions for demand and payment under the guarantee

9. Form of Demand: Specific requirements for making a valid demand under the guarantee

10. Governing Law and Jurisdiction: Specification of Dutch law and relevant jurisdiction

11. Applicable Rules: Reference to ISP98 or other applicable rules

What sections are optional to include in a Standby Guarantee?

1. Counter-Guarantee Provisions: Required when the guarantee is issued under a counter-guarantee structure

2. Transfer and Assignment: Include when the guarantee needs to be transferable

3. Language of Demands: Needed when demands in specific languages need to be specified

4. Reduction Clauses: Include when the guarantee amount may reduce over time

5. Multiple Beneficiaries: Required when there is more than one beneficiary

6. Electronic Presentation: Include when electronic demands are permitted

7. Sanctions Clause: Required for compliance with international sanctions regulations

What schedules should be included in a Standby Guarantee?

1. Form of Demand: Template for the prescribed format of demand under the guarantee

2. Reduction Schedule: If applicable, schedule showing the reduction of guarantee amount over time

3. Supporting Documents: List and formats of any supporting documents required with demands

4. Authorized Signatories: Specimen signatures or authentication methods for authorized persons

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

Netherlands

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions




















Clauses
























Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Energy and Utilities

Shipping and Logistics

Real Estate Development

Telecommunications

Defense and Aerospace

Mining and Natural Resources

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial Operations

Credit

International Banking

Corporate Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Commercial Director

Contract Manager

Project Finance Manager

Banking Relationship Manager

Credit Risk Officer

International Trade Specialist

Corporate Finance 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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