Conditional Bank Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Conditional Bank Guarantee

"I need a Conditional Bank Guarantee for RM 5 million to secure a construction project in Kuala Lumpur, where payment will be triggered only upon documented evidence of contractor default, with the guarantee valid until March 15, 2025."

Document background
The Conditional Bank Guarantee is a crucial financial instrument in Malaysian business transactions, particularly in sectors requiring performance or payment security. This document type is commonly used when a party (the beneficiary) requires financial security from another party (the principal), with a bank acting as guarantor. The guarantee is 'conditional' because payment is subject to specific documented conditions being met, unlike unconditional guarantees which are payable on first demand. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines. Conditional Bank Guarantees are typically used in construction projects, procurement contracts, and international trade transactions where parties seek to mitigate performance or payment risks while maintaining certain protective conditions for the guarantor bank.
Suggested Sections

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

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Definitions of key terms used in the guarantee

4. Guarantee Amount: Specified amount of the guarantee in numbers and words

5. Validity Period: Commencement and expiry dates of the guarantee

6. Conditions for Demand: Specific conditions that must be met for the beneficiary to make a valid claim

7. Demand Requirements: Format and documentation required for making a valid demand

8. Payment Terms: Timeline and method of payment upon valid demand

9. Bank's Obligations: Scope and limits of the bank's obligations under the guarantee

10. Reduction and Release: Circumstances under which the guarantee amount may be reduced or the guarantee released

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction

12. Execution: Signature blocks and execution formalities

Optional Sections

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

2. Multiple Demands: Include when multiple partial demands are permitted

3. Foreign Currency Provisions: Include when the guarantee amount is in a currency other than Malaysian Ringgit

4. Counter-Indemnity: Include when specific counter-indemnity provisions are required from the applicant

5. Electronic Presentation: Include when electronic demands are acceptable

6. Force Majeure: Include when specific force majeure provisions are required

7. Language: Include when the guarantee may be issued in multiple languages

Suggested Schedules

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

2. Supporting Documents: List and formats of required supporting documents for demands

3. Authorized Signatories: List of authorized signatories for the beneficiary

4. Underlying Contract Details: Key details of the underlying contract or transaction being guaranteed

5. Special Conditions: Any special or additional conditions specific to this 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 and Financial Services

Construction and Infrastructure

International Trade

Manufacturing

Government and Public Sector

Real Estate Development

Energy and Utilities

Telecommunications

Mining and Resources

Commercial Development

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Project Management

Compliance

Trade Finance

Credit

Corporate Secretarial

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Contract Manager

Project Manager

Legal Counsel

Banking Relationship Manager

Risk Manager

Finance Director

Commercial Director

Procurement Manager

Company Secretary

Credit Manager

Trade Finance Manager

Construction Manager

Compliance Officer

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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