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Trade Finance Bank Guarantee
"I need a Trade Finance Bank Guarantee for a construction project in Kuala Lumpur, where my company is the principal contractor, with a guarantee value of RM 5 million and validity until March 15, 2025, to be issued by Maybank in favor of the project developer."
1. Parties: Identifies the Bank (Guarantor), the Applicant (Principal), and the Beneficiary
2. Background: Details the underlying transaction or relationship necessitating the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency
5. Scope of Guarantee: Defines the precise obligations being guaranteed and nature of the guarantee
6. Duration and Validity: Specifies the effective date, expiry date, and any auto-extension conditions
7. Demand Requirements: Details the process and conditions for making a claim under the guarantee
8. Payment Terms: Specifies payment conditions, timeline, and method upon valid demand
9. Bank's Rights and Obligations: Outlines the guarantor bank's rights, obligations, and limitations
10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction
11. Notices: Details how formal communications between parties should be made
12. Execution: Signature blocks and execution formalities
1. Counter-Indemnity: Required when the applicant must provide indemnity to the bank; typically in separate document but may be included
2. Assignment Provisions: Include when the guarantee needs to be transferable or assignable
3. Multiple Beneficiaries: Required when there is more than one beneficiary to specify their rights
4. Reduction Clauses: Include when the guarantee amount can be reduced over time or upon certain events
5. Language Precedence: Required when the guarantee is issued in multiple languages
6. Electronic Presentation: Include when electronic demands or documents are acceptable
7. Force Majeure: Optional clause defining force majeure events and their impact on the guarantee
8. Anti-Money Laundering Compliance: Include when specific AML requirements need to be highlighted
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. Authorized Signatories: List of persons authorized to make demands or communications
4. Fee Schedule: Details of bank fees, charges, and commission rates
5. Supporting Documents: List of required supporting documents for guarantee issuance or claims
6. Communication Protocols: Detailed procedures for electronic or SWIFT communications
Authors
Applicant
Banking Day
Beneficiary
Complying Presentation
Counter Guarantee
Demand
Expiry Date
Guarantee Amount
Guarantor
Governing Law
Issuing Bank
Maximum Liability
Notice
Original Guarantee
Payment Date
Permitted Assignment
Presentation
Principal
Reduction Date
SWIFT
Supporting Documents
Underlying Transaction
Business Hours
Bank Charges
Force Majeure Event
Guarantee Period
Interest Rate
Malaysian Ringgit
Place of Presentation
Secured Obligations
Stamp Duty
Working Day
Guarantee Obligations
Payment Terms
Demand Requirements
Duration
Reduction
Assignment
Representations
Notices
Bank Rights
Waiver
Amendment
Severability
Counterparts
Indemnity
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Compliance
Anti-Money Laundering
Electronic Communications
Stamp Duty
Currency
Set-Off Rights
Confidentiality
Transfer Rights
Termination
Banking and Financial Services
International Trade
Manufacturing
Construction
Energy
Infrastructure
Shipping and Logistics
Import/Export
Commodities Trading
Real Estate Development
Legal
Trade Finance
Corporate Banking
Risk Management
Compliance
Treasury
International Banking
Credit Administration
Operations
Documentary Credits
Trade Finance Manager
Corporate Banking Officer
Legal Counsel
Credit Risk Officer
Relationship Manager
Compliance Officer
Treasury Manager
Documentary Credits Specialist
International Trade Specialist
Bank Guarantee Officer
Chief Financial Officer
Finance Director
Commercial Banking Manager
Risk Management Officer
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