Composite Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Composite Bank Guarantee

"Need a Composite Bank Guarantee for a large-scale construction project in Singapore, with DBS as primary guarantor and HSBC as counter-guarantor, for a guarantee amount of SGD 50 million, effective from March 2025 for 24 months."

Document background
The Composite Bank Guarantee is primarily utilized in situations requiring substantial financial security backed by multiple banking institutions. This document type is particularly relevant for large-scale projects, international trade, and complex commercial transactions in Singapore and the Asia-Pacific region. The guarantee combines the strength of multiple banks, offering enhanced security while complying with Singapore's robust financial regulatory framework. It typically includes detailed provisions for claim procedures, validity periods, and specific conditions for enforcement, making it a comprehensive security instrument for high-value commercial arrangements.
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

4. Guarantee Amount: Maximum liability and currency

5. Scope of Guarantee: Specific obligations covered

6. Demand Requirements: Process and conditions for making claims

7. Expiry Provisions: Validity period and termination conditions

Optional Sections

1. Counter-Indemnity: Principal's obligation to indemnify bank - used when required by bank's internal policy

2. Assignment Provisions: Terms for transfer of guarantee rights - included when assignment is permitted

3. Governing Law and Jurisdiction: Choice of law and dispute resolution - particularly important for international transactions

Suggested Schedules

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

2. Underlying Contract Details: Summary of the primary contract being guaranteed

3. Fee Schedule: Bank charges and commission details

4. Supporting Documents: List of required documentation for claims

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 legal definitions
Clauses
Industries

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

Monetary Authority of Singapore Act (Chapter 186): Establishes MAS's regulatory authority and oversight of financial institutions issuing bank guarantees

Securities and Futures Act (Chapter 289): Relevant for composite bank guarantees that may involve security interests or financial instruments

Contract Law (Chapter 53B): Provides the basic legal framework for contract formation, validity, and enforcement applicable to bank guarantees

Bills of Exchange Act (Chapter 23): Relevant for negotiable instruments and certain aspects of bank guarantee documentation

MAS Notice 612: Regulations regarding credit files, grading and provisioning requirements for banks issuing guarantees

MAS Notice 637: Guidelines on risk-based capital adequacy requirements affecting banks' capacity to issue guarantees

Banking (Corporate Governance) Regulations: Governance framework affecting bank's internal processes for issuing guarantees

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

ISP98: International Standby Practices - Guidelines for standby letters of credit and bank guarantees

Singapore Case Law: Relevant judicial precedents and interpretations regarding bank guarantees in Singapore courts

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism regulations affecting bank guarantee issuance

KYC Regulations: Know Your Customer requirements for verification of parties involved in bank guarantees

Foreign Exchange Regulations: Rules governing cross-border aspects of bank guarantees and currency considerations

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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