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Post Bank Guarantee

Post Bank Guarantee Template for Germany

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Key Requirements PROMPT example:

Post Bank Guarantee

"I need a Post Bank Guarantee document under German law for a construction project, where Bank Deutsche AG will guarantee EUR 2 million to the project owner until March 2025, with standard construction performance guarantee provisions."

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Document background
The Post Bank Guarantee is a crucial financial instrument in German commercial practice, used to provide security for various business obligations. This document type is particularly relevant when a party requires financial assurance from a bank regarding the performance or payment obligations of another party. The guarantee, governed by German law, establishes the bank's direct and independent obligation to pay, typically up to a specified maximum amount, upon the beneficiary's compliant demand. The Post Bank Guarantee must comply with German banking regulations and the German Civil Code (BGB), particularly sections 765-778 regarding guarantees and suretyships. It's commonly used in construction projects, international trade transactions, tender submissions, and other commercial arrangements where financial security is required.
Suggested Sections

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

2. Background: Brief description of the underlying transaction or relationship necessitating the bank guarantee

3. Definitions: Key terms used in the guarantee, including specific terminology related to the underlying transaction

4. Guarantee Amount: Clear statement of the maximum guarantee amount in specified currency

5. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee

6. Duration and Validity: Specification of the guarantee period, including effective date and expiry date

7. Conditions for Payment: Specific conditions and documentation required for calling the guarantee

8. Payment Process: Procedure and timeframe for payment upon valid demand

9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released

10. Governing Law and Jurisdiction: Confirmation of German law as governing law and specification of jurisdiction

Optional Sections

1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable to other parties

2. Counter-Guarantee Provisions: Include when there is a counter-guarantee arrangement with another bank

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

4. Multiple Beneficiaries: Include when there are multiple beneficiaries with specific rights and procedures

5. Language Provisions: Include when the guarantee may be issued in multiple languages or when specific language requirements apply

6. URDG 758 Incorporation: Include when the guarantee needs to incorporate ICC Uniform Rules for Demand Guarantees

Suggested Schedules

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

2. Required Documents: List of documents required to be submitted with any demand

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Underlying Contract Extract: Relevant excerpts from the underlying contract relating to the guarantee requirements

5. Communication Details: Contact details and communication protocols for all parties

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Guarantee
Guarantor
Principal
Beneficiary
Guarantee Amount
Expiry Date
Demand
Banking Day
Maximum Liability
Underlying Contract
Guaranteed Obligations
Compliant Presentation
Effective Date
Counter-Guarantee
Base Currency
Force Majeure Event
Payment Obligation
Authorized Representative
Demand Notice
Supporting Documents
Business Day
Governing Law
Applicable Rules
Guarantee Claim
Guarantee Period
Original Guarantee
Release Date
Security Interest
Termination Event
Valid Demand
Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Infrastructure Development

Energy

Telecommunications

Public Sector

Transportation and Logistics

Retail

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Procurement

Trade Finance

Project Finance

Credit Risk

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Contract Manager

Risk Manager

Banking Relationship Manager

Trade Finance Manager

Project Finance Manager

Compliance Officer

Credit Risk Officer

Commercial Director

Procurement Manager

Business Development Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 765-778 specifically deal with suretyships and guarantees (Bürgschaft), including form requirements, scope, and legal effects of guarantees
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial transactions and contains specific provisions relevant to bank guarantees in commercial contexts
German Banking Act (Kreditwesengesetz - KWG): Provides regulatory framework for banking operations including the issuance of bank guarantees and related supervisory requirements
EU Regulation No. 575/2013 (Capital Requirements Regulation - CRR): Sets out EU-wide rules on capital requirements for banks, including treatment of guarantees for capital adequacy purposes
ICC Uniform Rules for Demand Guarantees (URDG 758): While not legislation, these rules are often incorporated into German bank guarantees for international transactions
German Law on General Terms and Conditions (AGB-Recht, part of BGB): Sections 305-310 BGB govern standard terms in contracts, including those commonly used in bank guarantees
German Insolvency Code (Insolvenzordnung - InsO): Relevant for understanding the treatment of bank guarantees in case of insolvency of any involved party
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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