Unsecured Bank Guarantee Template for Nigeria

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Key Requirements PROMPT example:

Unsecured Bank Guarantee

"I need an Unsecured Bank Guarantee for a construction project in Lagos, Nigeria, where my company is the principal debtor, with Zenith Bank as guarantor for NGN 500 million, valid from January 1, 2025, to December 31, 2025."

Document background
The Unsecured Bank Guarantee is a crucial financial instrument in Nigerian business transactions, particularly utilized when a party needs to provide financial security without tying up physical assets as collateral. This document is commonly used in tender submissions, performance securities, advance payment guarantees, and various commercial transactions. The guarantee, regulated by Nigerian banking laws and the Central Bank of Nigeria, creates a primary obligation on the bank to pay upon demand, independent of the underlying transaction between the principal debtor and the beneficiary. It differs from secured guarantees as it relies solely on the bank's creditworthiness and the principal debtor's financial standing, rather than specific collateral. The document must comply with Nigerian banking regulations, particularly the BOFIA 2020 and CBN guidelines, and includes specific provisions for demand procedures, payment terms, and enforcement mechanisms.
Suggested Sections

1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal Debtor

2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed

3. Definitions: Definitions of key terms used throughout the guarantee

4. Guarantee: Core guarantee provisions, including the amount and scope of the guarantee

5. Duration: Validity period of the guarantee, including commencement and expiry dates

6. Demand Procedure: Process and requirements for making a demand under the guarantee

7. Payment Terms: Terms and conditions for payment upon valid demand

8. Bank's Rights and Obligations: Detailed outline of the guarantor bank's rights and obligations

9. Representations and Warranties: Standard representations and warranties by the bank

10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details

11. Notices: Communication procedures and contact details for all parties

12. Termination: Circumstances and procedures for termination of the guarantee

Optional Sections

1. Electronic Communications: Terms governing electronic notices and communications, required if parties agree to electronic execution or communication

2. Currency Provisions: Required for guarantees involving foreign currency or cross-border transactions

3. Tax Provisions: Required when tax implications need to be explicitly addressed

4. Assignment: Terms regarding assignment rights, included when assignment might be contemplated

5. Counter-Indemnity: Required when the bank requires specific indemnity from the principal debtor

6. Force Majeure: Included when specific force majeure provisions are required beyond standard contract law

7. Anti-Money Laundering Compliance: Required for high-value guarantees or when dealing with specific sectors

Suggested Schedules

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

2. Authorized Signatories: List of authorized signatories for each party

3. Underlying Transaction Details: Details of the transaction or obligation being guaranteed

4. Fee Schedule: Details of any fees, charges, and commission applicable

5. Compliance Documents: Required regulatory compliance documents and certificates

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

Construction and Infrastructure

International Trade

Manufacturing

Oil and Gas

Real Estate Development

Government and Public Sector

Telecommunications

Mining and Natural Resources

Retail and Commercial

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Analysis

Operations

Commercial

Project Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Bank Relationship Manager

Credit Risk Officer

Legal Counsel

Contract Manager

Commercial Director

Project Finance Manager

Compliance Officer

Banking Operations Manager

Corporate Finance 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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