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Advance Bank Guarantee
"I need an Advance Bank Guarantee for a construction project in Auckland, where my company (Smith Construction Ltd) requires a $5 million guarantee from ANZ Bank to secure advance payment from the government, valid from January 2025 to December 2025."
1. Parties: Identifies the bank (guarantor), the applicant (principal), and the beneficiary
2. Background: Describes 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: Details what the guarantee covers and the nature of the bank's obligation
6. Duration and Validity: Specifies the effective date, expiry date, and any auto-renewal terms
7. Demand Requirements: Outlines the process and conditions for making a claim under the guarantee
8. Payment Terms: Describes how and when payment will be made upon valid demand
9. Bank's Rights and Obligations: Details the bank's responsibilities and rights under the guarantee
10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and relevant jurisdiction
11. Notices: Details how formal communications between parties should be made
12. Execution: Signature blocks and execution requirements
1. Counter-Indemnity: Required when the applicant provides indemnity to the bank for any payments made under the guarantee
2. Assignment: Include when transfer rights need to be addressed, typically restricting assignment
3. Reduction Clause: Include when the guarantee amount may be reduced over time or upon certain events
4. Force Majeure: Include when specific force majeure provisions are required beyond standard law
5. Language: Include when the guarantee might be translated or used internationally
6. Multiple Beneficiaries: Include when there is more than one beneficiary
7. Stamp Duty: Include when stamp duty or other specific taxes apply
8. Dispute Resolution: Include when specific dispute resolution procedures beyond court jurisdiction are required
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. Authentication Procedures: Specific procedures for verifying demands and communications
4. Fee Schedule: Details of bank fees and charges related to the guarantee
5. Required Documents: List of documents required for making a valid claim
6. Authorized Signatories: List of persons authorized to act on behalf of each party
Authors
Applicant
Authorized Representative
Bank
Banking Day
Beneficiary
Business Day
Claim
Counter-Guarantee
Demand
Effective Date
Event of Default
Expiry Date
Force Majeure Event
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Inconsistency
Indemnity
Interest Rate
Issuing Branch
Material Adverse Effect
Maximum Liability Amount
Notice
Underlying Contract
Payment Date
Principal
Principal Obligations
Reduction Amount
Related Documents
Security
Specified Currency
Stamp Duty
Termination Event
Valid Demand
Definitions
Bank's Undertaking
Guarantee Amount
Duration and Validity
Demand Requirements
Payment Obligations
Reduction
Assignment and Transfer
Representations and Warranties
Counter-Indemnity
Bank's Rights
Default Events
Currency
Notices
Costs and Expenses
Stamp Duty
Set-Off Rights
Force Majeure
Severability
Amendment
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Entire Agreement
Compliance with Laws
Anti-Money Laundering
Confidentiality
Authentication
Electronic Execution
Banking and Financial Services
Construction and Infrastructure
International Trade
Manufacturing
Real Estate Development
Government and Public Sector
Energy and Utilities
Mining and Resources
Telecommunications
Defence Contracting
Legal
Finance
Treasury
Procurement
Risk Management
Compliance
Commercial Operations
Project Management
Trade Finance
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Contract Manager
Commercial Director
Legal Counsel
Banking Relationship Manager
Risk Manager
Procurement Manager
Project Manager
Business Development Director
Corporate Finance Manager
Compliance Officer
Trade Finance Manager
Financial Controller
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