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Advance Payment Guarantee Template for Switzerland

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Key Requirements PROMPT example:

Advance Payment Guarantees

"I need an Advance Payment Guarantee under Swiss law for a manufacturing equipment purchase from a Chinese supplier, with a guarantee amount of 2 million CHF and validity until March 2025, including provisions for partial reduction of the guarantee amount as equipment deliveries are completed."

Document background
Advance Payment Guarantees are essential financial instruments used in commercial transactions where significant upfront payments are required. These guarantees, when governed by Swiss law, provide a secure and internationally recognized mechanism for protecting advance payments in business transactions. The document is typically used when a buyer needs to make substantial advance payments to a supplier or contractor but requires security against non-performance or default. The guarantee is usually issued by a Swiss bank or financial institution and follows the strict requirements of Swiss banking laws and the Swiss Code of Obligations. The document specifies the guaranteed amount, validity period, conditions for demand, and payment terms. Advance Payment Guarantees are particularly crucial in international trade, construction projects, and large-scale procurement contracts, where they facilitate commerce by providing financial security while maintaining compliance with Swiss regulatory requirements.
Suggested Sections

1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary (party receiving the guarantee), and the Principal (party whose obligation is being guaranteed)

2. Background: Context of the underlying transaction, reference to the main contract requiring the advance payment guarantee

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee Amount: Specification of the maximum guaranteed sum and currency

5. Scope of Guarantee: Clear definition of what the guarantee covers and the conditions under which it can be called

6. Duration and Expiry: Validity period of the guarantee, including start date and expiry conditions

7. Demand Requirements: Formal requirements for making a valid demand under the guarantee

8. Payment Terms: Timeframe and process for payment upon valid demand

9. Reduction Clause: Conditions and mechanism for reduction of the guarantee amount over time

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

11. Notices: Communication requirements and contact details for all parties

Optional Sections

1. Language: Required for multi-language guarantees, specifying which language version prevails

2. Assignment: Include when transfer of guarantee rights needs to be addressed

3. Counter-Indemnity: Required when specific counter-indemnity arrangements exist between guarantor and principal

4. Force Majeure: Include for international transactions or when specific force majeure provisions are needed

5. Anti-Money Laundering Compliance: Required for high-value guarantees or when dealing with specific jurisdictions

6. Electronic Presentation: Include when electronic submission of demands is permitted

7. Partial Demands: Required when multiple partial demands are to be permitted

8. Direct Debit Authorization: Include when automatic debit arrangements are established for guarantee fees

Suggested Schedules

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

2. Copy of Underlying Contract: Reference copy of the main contract requiring the advance payment guarantee

3. Payment Schedule: If applicable, schedule of guaranteed advance payments and corresponding reduction of guarantee amount

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

5. Bank Details: Banking information for all parties involved in the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Manufacturing

International Trade

Energy and Utilities

Engineering

Defense

Telecommunications

Industrial Equipment

Technology and Software

Mining and Resources

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Compliance

Project Management

International Trade

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Contract Manager

Procurement Manager

Legal Counsel

Commercial Director

Project Manager

Risk Manager

Banking Relationship Manager

Trade Finance Manager

Compliance Officer

Financial Controller

Corporate Lawyer

Business Development Manager

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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