Assurance Of Support Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Assurance Of Support Bank Guarantee

"I need an Assurance of Support Bank Guarantee for a Singapore subsidiary company, with a guarantee amount of SGD 500,000, to be issued by DBS Bank in favor of the Ministry of Manpower, valid from January 2025 for 24 months."

Document background
The Assurance Of Support Bank Guarantee is commonly used in Singapore when a party needs to demonstrate financial capability or provide security for specific obligations. This document is particularly relevant in immigration contexts, business transactions, or regulatory compliance where financial assurance is required. Under Singapore law, these guarantees must comply with MAS regulations and typically include specific terms regarding the guarantee amount, validity period, and claim conditions. The guarantee provides the beneficiary with a direct claim against a creditworthy financial institution, offering enhanced security compared to direct obligations from the principal.
Suggested Sections

1. Parties: Identifies the guarantor bank, the beneficiary, and the principal

2. Background: Explains the context and purpose of the guarantee

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum amount guaranteed and currency

5. Duration: Validity period of the guarantee including start and end dates

6. Demand Requirements: Conditions and process for making claims under the guarantee

Optional Sections

1. Counter-Indemnity: Used when the principal provides indemnity to the guarantor bank against claims

2. Assignment Clause: Provisions governing the transfer rights of the guarantee

3. Governing Law and Jurisdiction: Specifies applicable law and jurisdiction for dispute resolution

Suggested Schedules

1. Form of Demand: Standard template for making claims under the guarantee

2. Security Documents: Details of any collateral or security provided to support the guarantee

3. Fee Schedule: Comprehensive listing of bank charges, fees and commission applicable

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

Clauses
Industries

Banking Act (Cap. 19): Primary legislation governing banking institutions and operations in Singapore, providing the fundamental regulatory framework for bank guarantees

Monetary Authority of Singapore Act: Establishes MAS's regulatory authority and oversight of financial institutions issuing bank guarantees

MAS Guidelines on Banking Practices: Specific guidelines issued by MAS governing banking practices, including the issuance and management of bank guarantees

Contract Law Act (Cap. 53): Fundamental legislation governing contract formation and enforcement in Singapore, applicable to bank guarantee agreements

Securities and Futures Act: Regulates financial securities and related instruments, including certain aspects of bank guarantees when they function as financial instruments

Financial Advisers Act: Governs financial advisory services and may be relevant when bank guarantees are part of financial planning or advisory services

Unfair Contract Terms Act: Protects against unfair terms in contracts, including bank guarantees, ensuring fairness and reasonableness

MAS Notice 637: Specifies capital adequacy requirements for banks, affecting their capacity to issue guarantees

MAS Notice 612: Guidelines on credit risk management, crucial for banks issuing guarantees

MAS Notice 626: Requirements for prevention of money laundering and terrorism financing in banking transactions including guarantees

URDG 758: International Uniform Rules for Demand Guarantees, providing standardized practices for bank guarantees

ISP98: International Standby Practices, providing guidelines for standby letters of credit and similar instruments

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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