Term Deposit Guarantee Template for Australia

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Key Requirements PROMPT example:

Term Deposit Guarantee

"I need a Term Deposit Guarantee document for a corporate guarantor securing a 12-month term deposit of AUD 5 million for our subsidiary company, with the guarantee to commence on March 1, 2025, and include provisions for early termination."

Document background
The Term Deposit Guarantee is a crucial financial security document used in Australian banking when a third party (guarantor) agrees to guarantee a customer's term deposit obligations. This document is typically required when a financial institution seeks additional security for a term deposit arrangement, particularly in commercial banking relationships or where there are concerns about the deposit holder's financial standing. The guarantee provides the bank with recourse against the guarantor if the customer fails to meet their obligations. The document must comply with Australian banking regulations and financial services laws, including the Banking Act 1959 (Cth) and ASIC requirements. It includes detailed provisions about the guarantee's scope, the parties' obligations, enforcement mechanisms, and release conditions. This type of guarantee is commonly used in corporate banking relationships, family business arrangements, or where parent companies guarantee subsidiaries' term deposits.
Suggested Sections

1. Parties: Identifies the Guarantor, the Financial Institution (Bank), and the Customer whose obligations are being guaranteed

2. Background: Sets out the context of the guarantee, including reference to the underlying term deposit arrangement

3. Definitions and Interpretation: Defines key terms used in the document and establishes interpretation principles

4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provisions

5. Extent of Guarantee: Defines the scope and limitations of the guarantee

6. Term Deposit Requirements: Specifies the requirements and conditions relating to the term deposit

7. Guarantor's Obligations: Details the specific obligations and undertakings of the guarantor

8. Representations and Warranties: Sets out the representations and warranties given by the guarantor

9. Events of Default: Defines what constitutes a default and the consequences

10. Payments: Specifies payment obligations, timing, and methods

11. Release and Discharge: Conditions under which the guarantee may be released or discharged

12. Notices: Requirements for giving notices under the guarantee

13. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and amendments

14. Execution: Formal execution blocks for all parties

Optional Sections

1. Security: Include when additional security is being provided by the guarantor

2. Independent Legal Advice: Include when the guarantor is required to obtain independent legal advice

3. Joint and Several Liability: Include when there are multiple guarantors

4. Cross Guarantee: Include when the guarantee is part of a cross-guarantee arrangement

5. Foreign Currency Provisions: Include when the term deposit is in a foreign currency

6. Guarantee Limit: Include when the guarantee is limited to a specific amount

7. Priority Arrangements: Include when there are multiple guarantees or security interests requiring priority arrangements

8. Change of Control: Include when changes in control of the guarantor affect the guarantee

Suggested Schedules

1. Term Deposit Details: Schedule containing specific details of the term deposit including amount, term, interest rate, and maturity date

2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee

3. Security Details: Details of any security provided in support of the guarantee

4. Fees and Charges: Schedule of applicable fees and charges

5. Authorized Representatives: List of authorized representatives for each party

6. Independent Legal Advice Certificate: Certificate confirming independent legal advice has been received

7. Guarantee Conditions Precedent: List of conditions that must be satisfied before the guarantee becomes effective

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 legal definitions
Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Corporate Finance

Professional Services

Legal Services

Trust Services

Wealth Management

Commercial Banking

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit

Wealth Management

Trust Services

Commercial Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Banking Relationship Manager

Financial Controller

Corporate Lawyer

Legal Counsel

Compliance Officer

Risk Manager

Banking Officer

Trust Officer

Company Secretary

Finance Director

Commercial Banking Manager

Credit Risk Officer

Portfolio 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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