Bank Guarantee First Demand Template for Singapore

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Key Requirements PROMPT example:

Bank Guarantee First Demand

"I need a Bank Guarantee First Demand under Singapore law for a construction project worth SGD 5 million, with an expiry date of 30 June 2025, where my company is the beneficiary and DBS Bank is the guarantor."

Document background
A Bank Guarantee First Demand is commonly used in Singapore's commercial landscape where immediate payment security is required. This instrument, regulated under Singapore's Banking Act and related legislation, provides beneficiaries with a swift and certain method of obtaining payment upon simple demand, without needing to prove default or breach of the underlying contract. The guarantee's autonomous nature, recognized under Singapore law, means it operates independently of the underlying transaction, making it particularly valuable in international trade, construction projects, and large commercial contracts.
Suggested Sections

1. Parties: Details of the Bank (Guarantor), Principal (Applicant), and Beneficiary

2. Background: Context of the guarantee and underlying transaction

3. Definitions: Key terms used in the guarantee including references to relevant Singapore banking regulations

4. Guarantee Amount: Maximum sum guaranteed and currency specifications

5. Demand Requirements: Procedure and conditions for making a demand under Singapore law

6. Expiry: Validity period, expiry conditions, and return of guarantee

7. Governing Law: Singapore law clause and jurisdiction provisions

Optional Sections

1. Counter-Guarantee: Terms of counter-guarantee provisions when a counter-guarantor is involved

2. Assignment: Terms regarding transfer of rights under the guarantee, subject to Singapore banking regulations

3. Language: Governing language of the guarantee when multiple language versions exist

4. Electronic Presentation: Terms for electronic presentation of demands under Singapore Electronic Transactions Act

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee including all required declarations

2. Supporting Documents: List of required supporting documents for demand in accordance with Singapore banking practices

3. Authorized Signatories: List of persons authorized to make demands with specimen signatures

4. Compliance Requirements: KYC and regulatory compliance documentation requirements under Singapore law

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 (Chapter 19): Primary legislation governing banking institutions and their operations in Singapore, including their ability to issue guarantees

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

Monetary Authority of Singapore Act (Chapter 186): Framework for banking regulation and supervision by MAS, including oversight of bank guarantees

Contract Law (Chapter 53): Fundamental law governing contractual relationships and obligations in Singapore

MAS Notice 612: Regulatory guidelines on Credit Files, Grading and Provisioning for banking institutions

MAS Notice 637: Guidelines on Risk Based Capital Adequacy Requirements for banks in Singapore

MAS Guidelines on Risk Management Practices: Regulatory framework for risk management in banking operations

URDG 758: ICC Uniform Rules for Demand Guarantees - International standard rules for demand guarantees

ISP98: International Standby Practices - Guidelines for standby letters of credit and similar instruments

UCP 600: Uniform Customs and Practice for Documentary Credits - International rules for documentary credits

Singapore Case Law on Bank Guarantees: Relevant judicial decisions and precedents from Singapore courts regarding bank guarantees

Stamp Duties Act: Legislative requirements for stamp duty on banking documents and guarantees

Evidence Act: Legal framework for documentation requirements and admissibility of evidence

Electronic Transactions Act: Legislation governing electronic transactions and digital signatures in banking

AML Regulations: Anti-money laundering regulations applicable to bank guarantees and financial instruments

CTF Regulations: Counter-terrorism financing regulations applicable to banking transactions

KYC Requirements: Know Your Customer requirements for customer due diligence in banking transactions

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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