Advance Performance Guarantee Template for England and Wales

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Key Requirements PROMPT example:

Advance Performance Guarantee

"I need an Advance Performance Guarantee to secure a 30% advance payment for a construction project in Manchester, where our bank will guarantee £2.5 million to the supplier, with the guarantee expiring in March 2025."

Document background
The Advance Performance Guarantee is essential in commercial transactions where significant advance payments are required before project completion or goods delivery. Used extensively in construction, manufacturing, and international trade, this document provides security to the paying party by ensuring their advance payment is protected if the recipient fails to perform. Under English and Welsh law, these guarantees are particularly valuable for managing payment risks in large-scale projects and international transactions where parties may have limited prior trading history.
Suggested Sections

1. Parties: Identifies the guarantor, beneficiary, and principal debtor

2. Background: Context of the guarantee and underlying transaction

3. Definitions: Key terms used throughout the guarantee

4. Guarantee and Indemnity: Core obligations of the guarantor

5. Duration: Term of the guarantee and conditions for expiry

6. Payment Terms: Conditions and process for calling on the guarantee

7. Governing Law and Jurisdiction: Applicable law and dispute resolution

Optional Sections

1. Counter-Indemnity: Additional section used when the principal debtor provides indemnification to the guarantor

2. Step-In Rights: Section defining the rights of guarantor to take over the underlying contract in complex commercial transactions

3. Assignment: Section detailing rights to transfer the guarantee when transferability is required

Suggested Schedules

1. Form of Demand: Template for making claims under the guarantee

2. Underlying Contract: Reference to or copy of the primary contract being guaranteed

3. Corporate Authorizations: Evidence of authority to issue 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
Relevant Teams
Relevant Roles
Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be made in writing and signed to be legally enforceable

Unfair Contract Terms Act 1977: Regulates exclusion and limitation clauses in business-to-business contracts, ensuring fairness in contractual terms

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may derive rights from a contract, including guarantees, and their ability to enforce such rights

Consumer Rights Act 2015: Provides protection for consumers in contracts, relevant if the guarantee involves a consumer party

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations

Banking and Financial Services Law: Specialized legal framework applicable when the guarantor is a financial institution

Financial Services and Markets Act 2000: Regulatory framework for financial institutions providing guarantees

FCA Regulations: Financial Conduct Authority regulations governing financial institutions and their services

Money Laundering Regulations 2017: Regulations to prevent financial crime and ensure proper due diligence in financial transactions

Companies Act 2006: Governs corporate capacity and authority to enter into guarantees

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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