Performance Bank Guarantee Template for England and Wales

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Key Requirements PROMPT example:

Performance Bank Guarantee

"I need a Performance Bank Guarantee for a construction project in London, where our bank will guarantee £5 million of our contractor's obligations until March 2025, with standard demand requirements and English law governing."

Document background
A Performance Bank Guarantee is commonly used in commercial transactions where one party requires security for the performance obligations of another. Under English and Welsh law, these guarantees are particularly prevalent in construction, international trade, and infrastructure projects. The document creates a primary obligation on the bank to pay upon demand, typically up to 10% of the contract value. It provides beneficiaries with quick access to compensation without the need for litigation, making it an essential risk management tool in significant commercial transactions.
Suggested Sections

1. Parties: Details of the Bank (Guarantor), Principal (Party whose performance is guaranteed), and Beneficiary

2. Background: Context of the underlying contract and reason for guarantee

3. Definitions: Key terms used throughout the guarantee

4. Guarantee and Indemnity: Core obligations of the bank and scope of guarantee

5. Maximum Liability: Specified maximum amount of the guarantee

6. Demand Requirements: Process and requirements for making a claim

7. Expiry: Duration and termination conditions of the guarantee

8. Governing Law and Jurisdiction: Specification of applicable law and courts

Optional Sections

1. Assignment: Rights to transfer the guarantee, typically included when transfer rights are contemplated

2. Counter-Indemnity: Principal's obligation to reimburse the bank, included when separately documented from main facility agreement

3. Step-In Rights: Bank's rights to take over underlying contract obligations, included in complex project finance situations

Suggested Schedules

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

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

3. Bank's Authorization: Evidence of bank's 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 in writing and signed to be legally enforceable

Financial Services and Markets Act 2000: Key legislation regulating banking activities and financial services in the UK, ensuring proper authorization of banks providing guarantees

Unfair Contract Terms Act 1977: Controls unreasonable exclusion clauses and affects how limitation of liability can be drafted in guarantee agreements

Contract Law Fundamentals: Common law principles covering offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Banking Law Principles: Common law principles including the autonomy principle (guarantees operate independently of underlying contract) and doctrine of strict compliance

PRA Requirements: Prudential Regulation Authority requirements governing banks' operations and risk management in relation to guarantees

FCA Regulations: Financial Conduct Authority regulations ensuring consumer protection and market integrity in financial services

Basel III Requirements: International banking regulations affecting banks' capital requirements and risk management when issuing guarantees

URDG 758: Uniform Rules for Demand Guarantees - internationally accepted rules governing bank guarantees, though not technically law

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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