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Bank Guarantee Discharge Letter for Singapore

Bank Guarantee Discharge Letter Template for Singapore

A Bank Guarantee Discharge Letter is a formal document used in Singapore's banking sector to release a bank from its obligations under a previously issued bank guarantee. The document follows Singapore banking regulations and common law principles, particularly the Banking Act (Chapter 19) and relevant MAS notices. It serves as legal evidence that the beneficiary has surrendered their rights under the guarantee and releases the bank from all related obligations.

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Bank Guarantee Discharge Letter

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What is a Bank Guarantee Discharge Letter?

A Bank Guarantee Discharge Letter is essential when a bank guarantee is no longer required or has served its purpose under Singapore law. This document is commonly used when a project is completed, a contract obligation is fulfilled, or when the underlying transaction has concluded. The letter must comply with Singapore's Banking Act and MAS regulations, providing clear evidence of the discharge and protecting all parties' interests. It typically includes details of the original guarantee, parties involved, and explicit release language.

What sections should be included in a Bank Guarantee Discharge Letter?

1. Bank Details: Full name and registered address of the bank that issued the guarantee

2. Guarantee Reference: Original bank guarantee number, issuance date, and amount

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

4. Discharge Declaration: Formal statement releasing the bank from all obligations under the guarantee

5. Original Guarantee Return: Statement confirming return of original guarantee document and its cancellation

What sections are optional to include in a Bank Guarantee Discharge Letter?

1. Partial Discharge: Section specifying details of partial release when only a portion of the guarantee amount is being discharged

2. Claims Statement: Declaration confirming no claims have been made or are pending against the guarantee

3. Consideration Statement: Statement acknowledging receipt of consideration (if any) for the discharge

What schedules should be included in a Bank Guarantee Discharge Letter?

1. Original Bank Guarantee: Copy or details of the original bank guarantee being discharged

2. Authorization Evidence: Documents evidencing the authority of the signatory to discharge the guarantee

3. Supporting Documents: Any additional documents required to support the discharge (e.g., board resolutions, power of attorney)

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

Singapore

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions















Clauses












Industries

Banking Act (Chapter 19): Primary legislation governing banking institutions and operations in Singapore, including requirements for bank guarantees and related banking instruments

Securities and Futures Act (Chapter 289): Legislation governing financial instruments and securities, relevant for bank guarantees that may be considered financial instruments

Bills of Exchange Act (Chapter 23): Legislation governing negotiable instruments and certain aspects of banking documentation in Singapore

Contract Law (Chapter 53B): Fundamental legislation governing formation and discharge of contracts, including guarantee agreements

Monetary Authority of Singapore Act (Chapter 186): Legislation establishing MAS's regulatory authority over financial institutions and instruments

MAS Notice 610: Regulatory notice regarding submission of statistics and returns, including reporting requirements for bank guarantees

MAS Notice 637: Regulatory requirements for risk-based capital adequacy, affecting how banks manage and discharge guarantees

MAS Guidelines on Risk Management Practices: Regulatory guidelines for managing risks in banking operations, including guarantee-related risks

Common Law Principles - Guarantees and Indemnities: Legal principles established through case law regarding the nature, enforcement, and discharge of guarantees

Doctrine of Discharge: Legal principles governing how obligations under guarantees can be properly discharged

Security Interests Release Rules: Legal requirements for valid release of security interests in Singapore

URDG 758: Uniform Rules for Demand Guarantees by ICC, providing international standards for guarantee operations

ICC Guidelines: International Chamber of Commerce guidelines relevant to bank guarantees and their discharge

AML/CTF Regulations: Anti-money laundering and counter-terrorism financing regulations affecting bank guarantee transactions

Teams

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