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Foreign Bank Guarantee
"I need a Foreign Bank Guarantee drafted for my Malaysian construction company as principal, with HSBC Malaysia as guarantor bank, to secure a government infrastructure project worth RM 5 million, with the guarantee period running from March 1, 2025, to December 31, 2025."
1. Parties: Identifies the Guarantor Bank, the Beneficiary, and the Principal (the party whose obligations are being guaranteed)
2. Background: Explains the context of the guarantee, including the underlying transaction or obligation being guaranteed
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount covered by the guarantee and the currency
5. Scope of Guarantee: Details the specific obligations or performance being guaranteed
6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension conditions
7. Demand Requirements: Sets out the procedure and conditions for making a claim under the guarantee
8. Payment Terms: Specifies how and when payment will be made following a valid demand
9. Bank's Rights and Obligations: Details the guarantor bank's responsibilities and rights under the guarantee
10. Governing Law and Jurisdiction: Specifies Malaysian law as the governing law and establishes jurisdiction
11. Notices: Provides the mechanism and addresses for formal communications between parties
12. Assignment and Transfer: Restrictions on transfer or assignment of rights under the guarantee
1. Counter-Indemnity: Required when the principal provides indemnity to the guarantor bank
2. Multiple Banking Facilities: Include when the guarantee is part of a larger banking facility arrangement
3. Foreign Currency Provisions: Required when payments may be made in multiple currencies or currency conversion is relevant
4. Step-In Rights: Include when the bank has rights to step into the underlying contract
5. Tax Provisions: Required when specific tax implications need to be addressed
6. Anti-Money Laundering Compliance: Include when enhanced compliance requirements are needed
7. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the main contract being guaranteed
3. Fee Schedule: Details of bank charges, fees, and commission rates
4. Authorized Signatories: List of persons authorized to make demands or give instructions
5. Supporting Documents: List of required documents for guarantee activation or claims
6. Bank's Standard Terms and Conditions: General terms applicable to all bank guarantees issued by the bank
Authors
Business Day
Claim Notice
Demand
Effective Date
Expiry Date
Guarantee Amount
Guarantee Period
Guarantor Bank
Underlying Contract
Principal
Ringgit Malaysia
Security Interest
Authorized Representative
Bank Guarantee
Claim Period
Default Event
Enforcement Notice
Foreign Currency
Governing Law
Payment Date
Secured Obligations
Supporting Documents
Working Hours
Malaysian Law
Bank Negara Malaysia
Letter of Demand
Force Majeure Event
Banking Day
Guarantor Obligations
Guarantee
Payment Obligations
Duration
Demand Procedure
Bank's Rights
Representations and Warranties
Currency Provisions
Enforcement
Assignment
Notices
Amendments
Severability
Compliance
Force Majeure
Confidentiality
Dispute Resolution
Governing Law
Jurisdiction
Waiver
Indemnification
Set-Off Rights
Documentation Requirements
Transfer Provisions
Regulatory Compliance
Termination
Costs and Expenses
Stamp Duty
Communications
Third Party Rights
Banking and Financial Services
International Trade
Construction and Infrastructure
Manufacturing
Energy and Utilities
Real Estate Development
Telecommunications
Government and Public Sector
Mining and Resources
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
International Business
Commercial Operations
Project Management
Trade Finance
Corporate Secretariat
Chief Financial Officer
Treasury Manager
Finance Director
Trade Finance Manager
Risk Management Officer
Compliance Officer
Legal Counsel
Banking Relationship Manager
Project Finance Manager
Contract Manager
Commercial Director
International Business Development Manager
Credit Risk Officer
Company Secretary
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