Foreign Bank Guarantee Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Foreign Bank Guarantee is a crucial financial instrument in Malaysian business transactions, particularly used in international trade, construction projects, and major commercial contracts. It provides a secure method for businesses to manage cross-border transaction risks by having a bank guarantee payment or performance obligations. The document must comply with Malaysian banking regulations, including the Financial Services Act 2013 and Bank Negara Malaysia directives, while also considering international banking practices and standards. Foreign Bank Guarantees are typically used when there's an international element to the transaction, such as foreign contractors, overseas suppliers, or cross-border projects, providing beneficiaries with the security of a bank's promise to pay upon the occurrence of specified events.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Relevant Industries

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

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

International Business

Commercial Operations

Project Management

Trade Finance

Corporate Secretariat

Relevant Roles

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

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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