Contract Performance Bank Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Contract Performance Bank Guarantee

"I need a Contract Performance Bank Guarantee for a Malaysian construction project worth RM 5 million, where ABC Construction Sdn Bhd is the contractor and XYZ Development Berhad is the beneficiary, with the guarantee valid until March 15, 2025."

Document background
A Contract Performance Bank Guarantee is a crucial financial security instrument commonly required in commercial contracts within Malaysia's legal jurisdiction. It is typically requested when a contractor or supplier enters into a significant contract for goods, services, or works, where the project owner requires security against potential non-performance. The guarantee, issued by a Malaysian bank or a foreign bank operating in Malaysia, provides an independent and unconditional undertaking to pay a specified sum upon demand if the contractor fails to meet their contractual obligations. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and relevant Bank Negara Malaysia guidelines. It includes specific details about the underlying contract, guarantee amount, validity period, and conditions for demand, providing a balanced protection mechanism for commercial transactions.
Suggested Sections

1. Bank Details and Reference: Full details of the issuing bank, branch, and reference number of the guarantee

2. Beneficiary Details: Complete name and address of the party in whose favor the guarantee is issued

3. Principal Details: Complete name and address of the party whose performance is being guaranteed

4. Underlying Contract Reference: Details of the main contract being guaranteed, including contract reference number and date

5. Guarantee Amount: The maximum amount of the guarantee expressed in both numbers and words

6. Scope of Guarantee: Clear statement of what performance is being guaranteed and the bank's obligations

7. Duration and Validity: Effective date, expiry date, and claim period of the guarantee

8. Demand Requirements: Specific conditions and process for making a claim under the guarantee

9. Governing Law and Jurisdiction: Statement that the guarantee is governed by Malaysian law and subject to Malaysian courts

Optional Sections

1. Counter Guarantee Reference: Required when the guarantee is issued based on a counter-guarantee from another bank

2. Reduction Clause: Optional clause specifying if and how the guarantee amount can be reduced over time

3. Assignment Restrictions: Clause prohibiting or limiting assignment of the guarantee, if required

4. Force Majeure Provisions: Specific provisions dealing with force majeure events, if required by the underlying contract

5. Language Priority: Required if the guarantee is issued in multiple languages, specifying which version prevails

6. Shariah Compliance: Required for Islamic banking institutions, confirming compliance with Shariah principles

Suggested Schedules

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

2. Copy of Underlying Contract: Usually attached as reference to specify the guaranteed obligations

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

4. Bank's Standard Terms and Conditions: If applicable, the bank's standard terms for guarantees

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

Construction

Infrastructure Development

Manufacturing

Energy and Utilities

Oil and Gas

Telecommunications

Engineering Services

Defense Contracting

Technology Services

Public Works

Real Estate Development

Mining and Resources

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Project Management

Operations

Compliance

Business Development

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Finance Director

Commercial Director

Risk Manager

Treasury Manager

Procurement Manager

Chief Financial Officer

Business Development Manager

Construction Manager

Operations Director

Company Secretary

Compliance Officer

Bank Relationship Manager

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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