Open Ended Bank Guarantee Template for New Zealand

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Key Requirements PROMPT example:

Open Ended Bank Guarantee

"I need an Open Ended Bank Guarantee template for a construction project in Auckland, where my company (BuildTech NZ Ltd) requires a NZD 5 million guarantee from ANZ Bank to be issued in favor of Auckland City Council by March 2025."

Document background
The Open Ended Bank Guarantee is a financial instrument commonly used in commercial transactions where long-term security is required. This document is particularly relevant in New Zealand's commercial landscape, where it provides beneficiaries with ongoing financial security without a fixed expiry date. The guarantee creates a primary obligation on the bank to pay upon demand, subject to compliance with specified formal requirements. It is commonly used in large commercial contracts, property transactions, and infrastructure projects where the duration of potential liability is uncertain. The document incorporates all necessary elements required under New Zealand law, including compliance with banking regulations and commercial law principles. This type of bank guarantee is particularly valuable when the underlying obligation's duration is uncertain or when parties require indefinite security.
Suggested Sections

1. Parties: Identifies the guarantor bank, the applicant (principal debtor), and the beneficiary

2. Background: Sets out the context of the guarantee, including the underlying transaction or relationship between the applicant and beneficiary

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency

5. Scope of Guarantee: Details the obligations being guaranteed and the nature of the bank's commitment

6. Demand Requirements: Specifies the form and conditions under which a demand can be made under the guarantee

7. Payment Terms: Sets out the timeframe and method for payment upon valid demand

8. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights under the guarantee

9. Validity Period: States that the guarantee is open-ended but may include conditions for termination

10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and identifies jurisdiction for disputes

Optional Sections

1. Counter-Indemnity: Required when the applicant must provide indemnity to the bank; typically included in a separate document

2. Assignment Provisions: Include when the guarantee needs to be transferable or assignable

3. Reduction Clauses: Include when the guarantee amount may be reduced over time or upon certain events

4. Multiple Beneficiaries: Include when there are multiple beneficiaries with specific rights and arrangements

5. Force Majeure: Include when specific force majeure provisions are required beyond standard law

6. Language Requirements: Include when the guarantee may need to be provided in multiple languages

7. Special Conditions: Include when there are specific conditions or requirements unique to the transaction

Suggested Schedules

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

2. Schedule 2 - Authorized Signatories: List of persons authorized to make demands under the guarantee

3. Schedule 3 - Supporting Documents: List of required supporting documents for making a demand

4. Schedule 4 - Communication Details: Contact details and notice requirements for all parties

5. Appendix A - Underlying Agreement Reference: Details of the underlying agreement or transaction being guaranteed

6. Appendix B - Special Instructions: Any special instructions for processing demands or communications

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 Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Real Estate Development

Manufacturing

Energy and Utilities

Mining and Resources

Telecommunications

Government and Public Sector

Retail and Commerce

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial Operations

Procurement

Compliance

Corporate Affairs

Credit Management

Project Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Commercial Director

Risk Manager

Contract Manager

Legal Counsel

Company Secretary

Credit Manager

Project Finance Manager

Procurement Manager

Business Development Manager

Financial Controller

Banking Relationship Manager

Compliance Officer

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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