Bank Guarantee Against Fd Template for United Arab Emirates

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Key Requirements PROMPT example:

Bank Guarantee Against Fd

"I need a Bank Guarantee Against FD for AED 500,000 to secure a construction project performance bond, where Emirates NBD is the issuing bank and Dubai Municipality is the beneficiary, with the guarantee period running until March 15, 2025."

Document background
The Bank Guarantee Against FD is a frequently used banking instrument in the United Arab Emirates, particularly valuable in scenarios requiring financial security or performance guarantees. This document is essential when a party needs to provide a bank guarantee but prefers to use their fixed deposit as collateral rather than blocking working capital. It's commonly used in government tenders, commercial contracts, and various business transactions where the beneficiary requires financial security. The document must comply with UAE Federal Law No. 18 of 2020 (Commercial Banking Law) and relevant Central Bank regulations, making it a legally robust instrument in the UAE banking sector. The guarantee can be structured for various purposes including bid bonds, performance bonds, advance payment guarantees, or other commercial requirements, with the fixed deposit serving as the underlying security.
Suggested Sections

1. Parties: Identifies the three key parties: the Bank (Guarantor), the Fixed Deposit holder (Security Provider), and the Beneficiary of the guarantee

2. Background: Outlines the context of the guarantee, including reference to the underlying fixed deposit and the purpose of the guarantee

3. Definitions: Defines key terms used in the guarantee including 'Fixed Deposit', 'Guarantee Amount', 'Security', 'Claim Period'

4. Guarantee Details: Specifies the amount, duration, and scope of the guarantee, including any conditions for its validity

5. Fixed Deposit Details: Details of the fixed deposit including account number, amount, tenure, and confirmation that it serves as security

6. Bank's Rights and Security: Outlines the bank's rights over the fixed deposit, including lien and right of set-off

7. Claim Procedure: Describes the process for making claims under the guarantee, including notice requirements and documentation

8. Expiry and Release: Conditions for expiry of the guarantee and release of the fixed deposit

9. Governing Law and Jurisdiction: Specifies UAE law as governing law and establishes jurisdiction for disputes

Optional Sections

1. Counter Indemnity: Required when the fixed deposit holder is different from the party requesting the guarantee, providing indemnity to the bank

2. Assignment: Include when the guarantee needs to be assignable or when assignment should be specifically prohibited

3. Multiple Beneficiaries: Required when there is more than one beneficiary, detailing their rights and claim procedures

4. Automatic Renewal: Include when the guarantee may be automatically renewed based on certain conditions

5. Language: Required when the guarantee needs to be bilingual (Arabic/English) or when specifying which language prevails

Suggested Schedules

1. Schedule 1 - Fixed Deposit Details: Detailed information about the fixed deposit including account details, amount, interest rate, and maturity date

2. Schedule 2 - Form of Demand: Template for making a claim under the guarantee

3. Schedule 3 - Authorized Signatories: List of persons authorized to make claims or give instructions regarding the guarantee

4. Appendix A - Required Documentation: List of documents required for making a claim under the guarantee

5. Appendix B - Bank's Standard Terms and Conditions: Standard terms and conditions applicable to bank guarantees, if referenced in the main document

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

Banking & Financial Services

Construction & Real Estate

Trading & Commerce

Manufacturing

Government & Public Sector

Oil & Gas

Infrastructure Development

Retail

Hospitality

Import/Export

Relevant Teams

Legal

Finance

Treasury

Commercial

Procurement

Risk Management

Compliance

Corporate Affairs

Business Development

Credit Control

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Banking Relationship Manager

Legal Counsel

Commercial Director

Procurement Manager

Contract Manager

Credit Controller

Risk Manager

Company Secretary

Business Development Manager

Financial Controller

Compliance Officer

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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