Bank Counter Guarantee Template for Singapore

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Key Requirements PROMPT example:

Bank Counter Guarantee

"Need a Bank Counter Guarantee issued by DBS Bank Singapore for USD 500,000 to support our company's bid for a major construction project in Malaysia, with the guarantee validity period from March 1, 2025, to December 31, 2025."

Document background
A Bank Counter Guarantee is essential in international trade and financial transactions where multiple jurisdictions are involved. Under Singapore law, this document serves as a secondary guarantee that supports a primary bank guarantee, typically used when the beneficiary requires additional security or when cross-border transactions necessitate local bank involvement. The counter guarantee contains specific terms regarding the guarantee amount, validity period, claim procedures, and conditions for payment, all structured within Singapore's robust financial regulatory framework and banking practices.
Suggested Sections

1. Bank Details: Information about the issuing bank including name, branch, registration number and contact details

2. Guarantee Amount: Specific amount of the counter guarantee, currency and any automatic reduction clauses

3. Beneficiary Details: Complete information about the party receiving the guarantee including legal name, registration number and address

4. Purpose of Guarantee: Detailed description of the specific transaction or obligation being guaranteed, including reference to the underlying contract

5. Validity Period: Explicit start and end dates of the guarantee, including any automatic extension provisions

6. Claim Conditions: Specific conditions and procedures for making claims under the guarantee

Optional Sections

1. Partial Drawings: Terms and conditions governing partial claims against the guarantee, including minimum drawing amounts and frequency limitations

2. Transfer Rights: Provisions regarding the transferability of the guarantee to other parties, including notification requirements and procedures

3. Foreign Currency Provisions: Terms relating to currency conversion, applicable exchange rates, and handling of currency fluctuations

4. Force Majeure: Provisions dealing with extraordinary events that may affect the guarantee obligations

Suggested Schedules

1. Form of Demand: Standardized template for submitting claims under the guarantee, including required declarations and certifications

2. Supporting Documents: Comprehensive list of documents required for claim verification and processing

3. Original Guarantee Details: Copy or detailed specifications of the primary guarantee being counter-guaranteed, including all relevant terms and conditions

4. Communication Procedures: Detailed procedures for notifications, demands, and other communications between parties

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

Industries

Banking Act (Cap. 19): Primary legislation governing banking institutions and their operations in Singapore, including requirements for issuing guarantees

Bills of Exchange Act (Cap. 23): Legislation governing negotiable instruments and related banking documents in Singapore

Monetary Authority of Singapore Act (Cap. 186): Framework for MAS's regulatory oversight of financial institutions, including their guarantee operations

Contract Law (Cap. 2): Fundamental legislation governing formation and enforcement of contracts, including bank guarantees

Civil Law Act (Cap. 43): Basic framework for civil obligations and remedies in Singapore legal system

MAS Notice 635: Regulatory notice specifying requirements for banking arrangements and guarantee facilities

MAS Guidelines on Risk Management Practices: Regulatory guidelines for managing risks in banking operations, including guarantee facilities

Notice on Prevention of Money Laundering and CFT: Requirements for AML/CFT compliance in banking transactions including guarantees

URDG 758: International rules for demand guarantees published by ICC, widely used in Singapore

ICC Guidelines: International Chamber of Commerce guidelines relevant to bank guarantees

ISP98: International Standby Practices rules applicable to standby letters of credit and bank guarantees

Stamp Duties Act: Legislation governing stamp duty requirements for banking documents including guarantees

Electronic Transactions Act: Framework for electronic signatures and digital documentation in banking transactions

Banking Secrecy Provisions: Legal requirements for maintaining confidentiality in banking transactions

Foreign Exchange Control Regulations: Rules governing foreign exchange aspects of international bank guarantees

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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