Bank Guarantee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Bank Guarantee Agreement

"I need a Bank Guarantee Agreement under Swiss law for a construction project, where UBS AG will provide a guarantee of 5 million CHF to secure our contractor's performance obligations, with the guarantee expiring on June 30, 2025."

Document background
The Bank Guarantee Agreement is a crucial financial instrument in Swiss commercial practice, used to provide security and risk mitigation in various business transactions. This document is typically employed when a party requires financial backing from a bank to secure their contractual obligations, common in construction projects, international trade, or large commercial transactions. Under Swiss law, particularly the Swiss Code of Obligations (Articles 492-512), these guarantees must meet specific formal requirements for validity. The agreement details the guarantee amount, trigger events for payment, demand procedures, and the bank's obligations, while also addressing the applicant's reimbursement duties. Given Switzerland's role as a major financial center, these Bank Guarantee Agreements often facilitate both domestic and cross-border transactions, requiring careful consideration of international banking practices while maintaining compliance with Swiss banking regulations.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal Debtor), and the Beneficiary

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Guarantee Amount', and 'Expiry Date'

4. Guarantee: Core section detailing the bank's guarantee obligations, maximum amount, and conditions for payment

5. Demand Procedure: Process and requirements for making a valid demand under the guarantee

6. Term and Expiry: Duration of the guarantee, conditions for extension, and expiry provisions

7. Payment Terms: Specifics of how and when payments will be made under the guarantee

8. Reimbursement Obligations: Applicant's obligations to reimburse the bank for payments made under the guarantee

9. Fees and Costs: Bank's fees, charges, and cost recovery provisions

10. Representations and Warranties: Key statements of fact and assurances from the Applicant

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Counter-Indemnity: Additional indemnity provisions from the Applicant to the bank, recommended for high-value guarantees

2. Security Arrangements: Details of any collateral or security provided to the bank, needed when the guarantee is secured

3. Transfer and Assignment: Provisions regarding transfer rights, included when transfer of the guarantee may be contemplated

4. Force Majeure: Provisions dealing with extraordinary events, recommended for long-term or international guarantees

5. Multiple Beneficiaries: Additional provisions for cases with more than one beneficiary

6. Electronic Presentations: Provisions for electronic demand submissions, included when electronic processing is permitted

Suggested Schedules

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

2. Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Security Documents: List and copies of related security documentation, if applicable

4. Underlying Contract Reference: Key details or extract of the underlying contract being guaranteed

5. Authorized Signatories: List of persons authorized to make 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 legal definitions
Relevant Industries

Banking and Financial Services

International Trade

Construction and Real Estate

Manufacturing

Infrastructure Development

Energy

Telecommunications

Mining and Resources

Retail and Commercial

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Credit

Trade Finance

Corporate Banking

Project Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Banking Manager

Trade Finance Manager

Risk Manager

Compliance Officer

Contract Manager

Project Finance Manager

Commercial Director

Credit Risk 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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