Advance Payment Guarantee Bond Template for United Arab Emirates

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Key Requirements PROMPT example:

Advance Payment Guarantee Bond

"I need an Advance Payment Guarantee Bond for a UAE construction project worth AED 50 million, with dual Arabic-English text, where our company is the contractor receiving an advance payment of 20% from a government entity, to be valid until March 2025."

Document background
The Advance Payment Guarantee Bond is a crucial financial instrument in the UAE business landscape, particularly in construction and large-scale commercial projects. It is used when a project owner (beneficiary) needs to make an advance payment to a contractor but requires security for such payment. The guarantee, issued by a bank, ensures that the advance payment will be returned if the contractor fails to perform their obligations or properly utilize the advance payment. The document must comply with UAE Federal Laws, Central Bank regulations, and often Sharia principles. It typically contains specific provisions about the guarantee amount, validity period, reduction mechanism, and conditions for calling the guarantee. This type of bond is particularly important in the UAE market where advance payments are common practice in major projects, and the legal framework provides specific provisions for such guarantees under UAE commercial law.
Suggested Sections

1. Bank Details and Reference: Identification of the issuing bank, guarantee number, and date of issuance

2. Beneficiary Details: Full name and address of the party receiving the guarantee (typically the employer/project owner)

3. Principal Details: Full name and address of the party for whom the guarantee is being issued (typically the contractor)

4. Project Reference: Details of the underlying contract or project for which the advance payment is being made

5. Guarantee Amount: The specific amount of the advance payment being guaranteed, expressed in both numbers and words

6. Guarantee Terms: Core terms including validity period, conditions for calling the guarantee, and bank's obligation to pay

7. Reduction Mechanism: Details of how the guarantee amount reduces as per the underlying contract progress

8. Expiry Terms: Specific conditions and date of expiry of the guarantee

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant courts' jurisdiction

Optional Sections

1. Language Provision: Required when the guarantee is issued in dual language, specifying which version prevails

2. Islamic Banking Compliance: Required when the guarantee needs to be Sharia-compliant, including relevant declarations

3. Assignment Restrictions: Added when specific restrictions on assignment of the guarantee are required

4. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries

5. Force Majeure Provisions: Added when specific force majeure events need to be addressed in the guarantee

Suggested Schedules

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

2. Payment Schedule: Schedule showing the reduction mechanism of the guarantee amount over time

3. Underlying Contract Extract: Relevant excerpts from the main contract referring to the advance payment terms

4. Authorized Signatories: List of authorized signatories for making demands under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Infrastructure Development

Real Estate

Manufacturing

Energy and Utilities

Oil and Gas

Defense Contracting

Technology and Telecommunications

Industrial Projects

Engineering Services

Relevant Teams

Legal

Finance

Treasury

Project Management

Procurement

Risk Management

Commercial

Compliance

Construction Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Financial Controller

Treasury Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Risk Manager

Procurement Manager

Construction Manager

Bank Relationship Manager

Company Secretary

Compliance Officer

Project Director

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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