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Guaranty Fee Agreement Template for Germany

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Key Requirements PROMPT example:

Guaranty Fee Agreement

"I need a Guaranty Fee Agreement under German law for our bank to charge a 1.5% annual fee for providing a €10 million corporate guarantee to a manufacturing company, with the agreement to commence on March 1, 2025."

Document background
The Guaranty Fee Agreement is essential in commercial transactions where one party provides a guarantee in favor of another party and charges a fee for this service. This document type is commonly used in German business practice and must comply with German Civil Code (BGB) requirements, particularly sections relating to guarantees (Bürgschaft) and service agreements. The agreement becomes necessary when establishing a formal fee arrangement for guarantee services, whether provided by financial institutions, parent companies, or other entities. It typically includes detailed provisions on fee calculation methods, payment schedules, and the parties' obligations. The Guaranty Fee Agreement should be tailored to reflect the specific nature of the underlying guarantee, the complexity of the fee structure, and any regulatory requirements, particularly when involving regulated financial institutions.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the guarantor and the party paying the guarantee fee

2. Background: Context of the agreement, including reference to the underlying guarantee and the basis for the fee arrangement

3. Definitions: Key terms used throughout the agreement, including 'Guarantee', 'Guarantee Fee', 'Underlying Agreement', etc.

4. Fee Structure: Detailed description of the guarantee fee, including calculation method and basis

5. Payment Terms: Terms and conditions for fee payment, including timing, currency, and payment method

6. Duration: Term of the fee agreement, including start date and conditions for termination

7. Obligations of the Parties: Key responsibilities of both parties, including maintenance of the guarantee and fee payment obligations

8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority to enter into the agreement

9. Notices: Communication requirements and contact details for formal notices

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

Optional Sections

1. Tax Provisions: Include when tax implications need specific addressing, particularly for cross-border arrangements

2. Change of Control: Include when fee arrangements need to be adjusted upon ownership changes of either party

3. Force Majeure: Include when specific events that might affect the guarantee or fee payments need to be addressed

4. Confidentiality: Include when sensitive commercial information is involved

5. Assignment: Include when transfer rights need to be specifically addressed

6. Step-In Rights: Include when additional parties may need to take over fee payment obligations

7. Regulatory Compliance: Include when the guarantee involves regulated entities or activities

Suggested Schedules

1. Fee Calculation Schedule: Detailed methodology and examples of fee calculations

2. Copy of the Guarantee: The underlying guarantee document that is the subject of the fee arrangement

3. Payment Schedule: Detailed payment dates and amounts if fixed payments are involved

4. Contact Details: List of key contacts and their roles for both parties

5. Form of Invoice: Template for fee invoicing if specific format is required

6. Regulatory Approvals: Copies of any required regulatory approvals or licenses

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










































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Relevant Industries

Banking and Financial Services

Insurance

Real Estate

Construction

Manufacturing

Import/Export

Energy

Infrastructure

Telecommunications

Retail

Transportation and Logistics

Commercial Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Administration

Commercial Operations

Business Development

Transaction Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Banking Relationship Manager

Credit Manager

Compliance Officer

Contract Manager

Financial Controller

Transaction Manager

Corporate Secretary

Business Development Director

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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