Conditional Bank Guarantee Template for Germany

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Key Requirements PROMPT example:

Conditional Bank Guarantee

"I need a Conditional Bank Guarantee under German law for a construction project, with a guarantee amount of €5 million, expiring on March 31, 2025, where payment is conditional upon certified proof of contractor default."

Document background
The Conditional Bank Guarantee is a critical financial instrument in German commercial transactions, providing security while maintaining control through specific conditions. This document is typically used when parties require financial security for significant commercial obligations, such as construction projects, large supply contracts, or international trade transactions. The guarantee's conditional nature distinguishes it from demand guarantees, requiring verification of specific conditions before payment can be claimed. Under German law, these conditions must be clearly defined and objectively verifiable, following the principles established in the German Civil Code (BGB) and Banking Act (KWG). The document is particularly valuable in situations where the beneficiary needs security but the guarantor bank requires certain safeguards before making payment.
Suggested Sections

1. Parties: Details of the guarantor bank and the beneficiary

2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Amount', 'Trigger Event', and 'Expiry Date'

4. Guarantee Amount: Specification of the maximum amount covered by the guarantee

5. Conditions for Payment: Detailed description of the conditions that must be met before the guarantee can be called

6. Form of Demand: Specific requirements for making a valid demand under the guarantee

7. Payment Terms: Timeframe and method for payment upon valid demand

8. Duration and Expiry: Validity period of the guarantee and conditions for expiry

9. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes

10. Notices: Communication requirements and contact details for all parties

Optional Sections

1. Assignment and Transfer: Include when the guarantee needs to be transferable or when assignment rights need to be restricted

2. Language: Include when the guarantee might be used internationally to specify that German version prevails

3. Bank's Right to Terminate: Include when the bank requires specific termination rights beyond standard expiry

4. Counter-Indemnity: Include when there's a separate counter-indemnity agreement with the principal debtor

5. Reduction Clause: Include when the guarantee amount should reduce over time or upon certain events

6. Force Majeure: Include when specific force majeure provisions are required beyond standard German law provisions

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the main contract being guaranteed

3. Required Documents: List of documents that must accompany any demand under the guarantee

4. 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 Industries

Banking & Financial Services

Construction & Infrastructure

International Trade

Manufacturing

Real Estate

Energy & Utilities

Telecommunications

Public Sector & Government

Retail & Consumer Goods

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Project Management

Compliance

Trade Finance

Corporate Finance

Banking Operations

Relevant Roles

Legal Counsel

Contract Manager

Finance Director

Treasury Manager

Risk Manager

Commercial Director

Project Manager

Chief Financial Officer

Banking Relationship Manager

Compliance Officer

Trade Finance Manager

Corporate 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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