Back To Back Bank Guarantee Template for Germany

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Key Requirements PROMPT example:

Back To Back Bank Guarantee

"I need a Back to Back Bank Guarantee document under German law for a €5 million guarantee between Deutsche Bank and Bank of China, with quarterly reduction provisions starting from March 2025, relating to a manufacturing equipment supply contract."

Document background
The Back to Back Bank Guarantee is essential in international trade and complex commercial transactions where multiple jurisdictions are involved. This document, governed by German law, is typically used when a bank in one country issues a guarantee based on a counter-guarantee from a bank in another country. It provides security for international transactions while complying with German banking regulations and civil law requirements. The document includes detailed provisions for the guarantee mechanism, payment conditions, validity periods, and documentary requirements. It's particularly crucial in scenarios where the beneficiary requires a guarantee from a local bank but the principal's relationship is with a foreign bank. The Back to Back Bank Guarantee structure helps manage cross-border risks while ensuring regulatory compliance in both jurisdictions.
Suggested Sections

1. Parties: Identification of all parties: the issuing bank, the guaranteeing bank, and reference to the ultimate beneficiary

2. Background: Context of the transaction, including reference to the underlying commercial transaction and the primary guarantee

3. Definitions: Key terms used in the guarantee, including banking terms, relevant dates, and transaction-specific definitions

4. Guarantee Amount and Currency: Specification of the guaranteed sum and currency, including any automatic reduction mechanisms

5. Term and Validity: Duration of the guarantee, effective date, expiry date, and any extension conditions

6. Demand Requirements: Formal requirements for making a valid demand under the guarantee

7. Payment Terms: Conditions and timing for payment upon receipt of a valid demand

8. Counter-Indemnity: Terms under which the issuing bank indemnifies the guaranteeing bank

9. Communications: Methods and requirements for valid notices and demands between parties

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Reduction Clauses: Optional provisions for automatic or documentary reduction of the guarantee amount - used when the underlying transaction has clear milestones

2. Transfer and Assignment: Provisions regarding the transferability of the guarantee - included when transfer rights are to be permitted or specifically prohibited

3. Force Majeure: Specific provisions for extraordinary events - particularly relevant in international transactions

4. Sanctions Clause: Compliance with international sanctions - required for international guarantees or high-risk jurisdictions

5. Language Provisions: Specification of prevailing language - needed when guarantee is issued in multiple languages

6. Digital Presentation: Provisions for electronic presentation of documents - included when parties agree to accept digital submissions

Suggested Schedules

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

2. Primary Guarantee Details: Copy or key details of the primary guarantee being backed

3. Fee Schedule: Details of banking fees, charges, and commission arrangements

4. Authorized Signatories: List of persons authorized to make demands or give notices

5. Document Checklist: List of required supporting documents for demands

6. Communication Protocols: Specific procedures and contact details for communications between banks

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
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Energy and Utilities

Shipping and Logistics

Real Estate Development

Defense Contracting

Telecommunications

Relevant Teams

Legal

Trade Finance

Compliance

Risk Management

Treasury

International Banking

Credit Operations

Corporate Banking

Project Finance

Documentary Credits

Relevant Roles

Trade Finance Manager

Legal Counsel

Banking Operations Director

Compliance Officer

Risk Management Officer

Treasury Manager

International Business Development Manager

Senior Credit Officer

Documentary Credits Specialist

Banking Relationship Manager

Corporate Finance Director

Project Finance 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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