The On Demand Bank Guarantee is a crucial financial instrument in South African commercial transactions, providing security and risk mitigation for various business dealings. It is commonly used in construction projects, tender submissions, performance securities, and international trade transactions. The document creates an unconditional obligation for the issuing bank to pay upon receiving a compliant demand, without needing to verify default or breach. Under South African law, these guarantees must comply with specific banking regulations and financial sector requirements, including the Banks Act and Financial Sector Regulation Act. The guarantee typically specifies the maximum amount, validity period, and precise conditions for demanding payment, while maintaining independence from the underlying commercial contract.
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1. Bank Details and Reference: Full details of the issuing bank, including registration number, branch, and reference number
2. Beneficiary Details: Complete identification of the party in whose favor the guarantee is issued
3. Principal/Applicant Details: Full details of the party on whose behalf the guarantee is being issued
4. Guarantee Amount: The maximum amount for which the bank guarantee is issued, in numbers and words
5. Underlying Transaction Reference: Reference to the primary contract or obligation that the guarantee is securing
6. Guarantee Terms: Core terms including the unconditional nature of the guarantee and payment obligations
7. Demand Requirements: Specific format and requirements for making a valid demand under the guarantee
8. Expiry Provisions: Clear statement of when and how the guarantee expires or terminates
9. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
1. Counter-Indemnity Reference: Reference to counter-indemnity when the bank requires backing from another financial institution
2. Transferability Clause: Include when the guarantee needs to be transferable to another beneficiary
3. Reduction Clause: Used when the guarantee amount can be reduced over time or upon certain events
4. Multiple Drawing Provisions: Required when multiple partial demands are to be allowed
5. Foreign Currency Provisions: Necessary when the guarantee involves foreign currency or exchange rate considerations
6. Electronic Presentation Clause: Include when demands can be made electronically
7. Force Majeure Clause: Optional protection for the bank in case of external events preventing performance
1. Form of Demand: Template for the written demand to be submitted by the beneficiary
2. Payment Instructions: Detailed banking coordinates and payment procedures
3. Authentication Procedures: Specific requirements for verifying the authenticity of demands
4. Supporting Documents List: List of any additional documents required to be presented with a demand
Relevant legal definitions
Clauses
Relevant Industries
Construction and Infrastructure
Real Estate Development
Mining and Resources
International Trade
Manufacturing
Energy and Utilities
Telecommunications
Government and Public Sector
Financial Services
Retail and Commercial Development
Relevant Teams
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Compliance
Operations
Project Management
Business Development
Relevant Roles
Chief Financial Officer
Treasury Manager
Financial Director
Contract Manager
Project Manager
Procurement Manager
Legal Counsel
Risk Manager
Commercial Director
Business Development Manager
Account Manager
Banking Relationship Manager
Compliance Officer
Finance Manager
Operations Director
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