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Guarantee Letter
"I need a German law Guarantee Letter for our construction project, where ABC GmbH will act as guarantor for XYZ Construction's performance obligations worth €2.5 million, effective from March 1, 2025, until project completion."
1. Letter Header: Formal business letter header including date, reference number, and contact details of the guarantor
2. Addressee Details: Full name and address of the beneficiary of the guarantee
3. Subject Line: Clear identification as a Guarantee Letter (Bürgschaftserklärung) with reference to the underlying obligation
4. Principal Obligation Reference: Identification of the main debtor and the underlying obligation being guaranteed
5. Guarantee Declaration: Express and unambiguous declaration of the guarantee, including the maximum amount and scope
6. Duration and Validity: Specific terms regarding the duration of the guarantee and any expiry conditions
7. Governing Law Statement: Express confirmation that the guarantee is governed by German law
8. Signature Block: Space for guarantor's legally binding signature, including name and title of authorized signatory
1. Demand Requirements: Used when specific conditions or documentation are required for making a claim under the guarantee
2. Waiver of Defenses: Optional waiver of specific defenses available to the guarantor, typically used in commercial contexts
3. Transfer Provisions: Include when the guarantee needs to be transferable to other beneficiaries
4. Counter-Guarantee Reference: Required when the guarantee is issued based on a counter-guarantee from another institution
5. Release Conditions: Include when specific conditions for releasing the guarantor need to be detailed
6. Bank Details: Required for bank guarantees, including specific banking information and regulatory references
1. Copy of Underlying Agreement: Attachment of the agreement or obligation being guaranteed (referenced but not always physically attached)
2. Power of Attorney: If the guarantee is signed by a representative, documentation proving their authority
3. Corporate Authorization: For corporate guarantors, evidence of corporate approval for issuing the guarantee
Authors
Beneficiary (Begünstigter)
Principal Debtor (Hauptschuldner)
Underlying Agreement (Hauptvertrag)
Guaranteed Obligations (Verbürgte Verbindlichkeiten)
Guarantee Amount (Bürgschaftssumme)
Guarantee Period (Bürgschaftszeitraum)
Demand Notice (Inanspruchnahme)
Due Date (Fälligkeitstermin)
Release Date (Freigabedatum)
Security Interest (Sicherungsrecht)
Payment Obligation (Zahlungsverpflichtung)
Force Majeure Event (Höhere Gewalt)
Business Day (Geschäftstag)
Governing Law (Geltendes Recht)
Scope of Guarantee
Payment Obligations
Duration
Demand Requirements
Enforcement
Representations and Warranties
Assignment and Transfer
Notices
Governing Law
Jurisdiction
Waiver of Defenses
Release Conditions
Amendment
Severability
Form Requirements
Counter-Guarantee
Limitation Period
Currency
Bank Details
Banking and Financial Services
Construction and Real Estate
Manufacturing
International Trade
Retail
Infrastructure
Energy
Telecommunications
Professional Services
Insurance
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Credit Control
Corporate Secretariat
Business Development
Project Management
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Contract Manager
Treasury Manager
Risk Manager
Credit Manager
Commercial Director
Business Development Manager
Project Manager
Compliance Officer
Banking Relationship Manager
Corporate Secretary
Financial Controller
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