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Performance Bank Guarantee
"I need a Performance Bank Guarantee for a construction project in Kuala Lumpur, where HSBC Bank Malaysia will guarantee my company's performance for RM 5 million, valid until March 15, 2025, with the Malaysian government as beneficiary."
1. Parties: Identification of the Bank (Guarantor), Principal (Party whose performance is guaranteed), and Beneficiary
2. Background: Details of the underlying contract or obligation being guaranteed, including reference numbers and dates
3. Definitions: Key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', and 'Demand'
4. Guarantee and Undertaking: Core obligation of the bank to pay the guaranteed sum upon valid demand
5. Amount of Guarantee: Specification of the maximum guaranteed sum in figures and words
6. Validity Period: Clear statement of when the guarantee becomes effective and its expiry date
7. Conditions for Demand: Specific requirements and process for making a valid claim under the guarantee
8. Payment Obligations: Terms of payment including timeline and method upon receipt of valid demand
9. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction of Malaysian courts
1. Extension Provisions: Used when parties want to include mechanism for extending the validity period
2. Partial and Multiple Demands: Include when allowing the beneficiary to make multiple claims up to the guaranteed sum
3. Assignment Restrictions: Include when specific restrictions on assignment of the guarantee are required
4. Counter-Indemnity: Used when the bank requires specific indemnity provisions from the principal
5. Language Provision: Include when the guarantee might be translated or used in international context
6. Bank's Maximum Liability: Include when need to clarify liability limits including interest and costs
1. Form of Demand: Template for making a valid demand under the guarantee
2. Specimen Signatures: Authorized signatures of the beneficiary's representatives for making demands
3. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed
4. Supporting Documents List: List of documents required to be submitted with any demand
Authors
Principal
Beneficiary
Guaranteed Sum
Expiry Date
Effective Date
Underlying Contract
Demand
Business Day
Guaranteed Obligations
Performance Period
Bank Guarantee
Default Event
Claim Notice
Payment Date
Authorized Representative
Malaysian Ringgit
Guarantee Period
Contract Reference Number
Project
Security Interest
Written Demand
Specified Location
Bank Office
Governing Law
Payment Obligations
Demand Requirements
Duration
Expiry
Assignment
Notices
Amendment
Severability
Force Majeure
Waiver
Indemnification
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Language
Authentication
Stamp Duty
Representations and Warranties
Entire Agreement
Maximum Liability
Claim Procedures
Bank Rights
Beneficiary Rights
Construction
Infrastructure
Manufacturing
Engineering
Real Estate Development
Energy
Oil and Gas
Telecommunications
Government Contracts
International Trade
Legal
Finance
Treasury
Procurement
Project Management
Risk Management
Commercial
Compliance
Operations
Chief Financial Officer
Finance Director
Legal Counsel
Contract Manager
Project Manager
Treasury Manager
Risk Manager
Procurement Manager
Commercial Director
Business Development Manager
Company Secretary
Compliance Officer
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