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Bank Guarantee And Performance Guarantee Template for England and Wales

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Key Requirements PROMPT example:

Bank Guarantee And Performance Guarantee

"Need a Bank Guarantee and Performance Guarantee for a large-scale construction project in London, with a guaranteed amount of £5 million, expiring on 30 June 2025, with step-in rights for the beneficiary in case of contractor default."

Document background
Bank Guarantees and Performance Guarantees are essential financial instruments in commercial transactions under English and Welsh law. They are typically used when significant financial or performance obligations need to be secured, such as in construction projects, international trade, or large-scale commercial contracts. The guarantee provides assurance to the beneficiary that either payment will be made or performance will be completed, backed by the bank's creditworthiness. These guarantees are subject to strict regulatory requirements and must comply with both banking regulations and common law principles.
Suggested Sections

1. Parties: Identifies the guarantor (bank), beneficiary, and principal obligor

2. Background: Explains the underlying transaction and purpose of the guarantee

3. Definitions: Defines key terms used throughout the guarantee

4. Guarantee and Indemnity: Core obligations of the guarantor

5. Amount and Currency: Specifies the maximum guaranteed amount and currency

6. Duration and Expiry: Validity period of the guarantee

7. Demand Requirements: Process and conditions for making claims

8. Payment Terms: Timing and method of payment upon demand

9. Governing Law and Jurisdiction: Specifies applicable law and courts

Optional Sections

1. Assignment Provisions: Used when transfer rights are needed - include when guarantee may need to be transferred

2. Counter-Indemnity: Principal's obligation to reimburse guarantor - include when separate counter-indemnity is not executed

3. Step-In Rights: Rights to take over underlying contract - include for performance guarantees in construction/project finance

Suggested Schedules

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

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

3. Bank's Authorization: Evidence of authority to issue guarantee

4. Performance Standards: For performance guarantees, specific standards to be met

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

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be made in writing and signed to be legally enforceable

Unfair Contract Terms Act 1977: Controls and regulates unreasonable exclusion clauses in business-to-business contracts and their enforceability

Financial Services and Markets Act 2000: Primary legislation regulating financial institutions providing guarantees and setting out regulatory requirements for banks

Law of Contracts: Common law principles covering offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Banking Law Principles: Legal principles governing autonomous nature of guarantees, independence principle, and doctrine of strict compliance

Consumer Credit Act 1974: Legislation governing consumer credit relationships and related guarantees where applicable

Money Laundering Regulations 2017: Regulations setting out due diligence requirements and Know Your Customer (KYC) obligations for financial transactions

ICC Uniform Rules for Demand Guarantees: International Chamber of Commerce rules governing international guarantees and establishing standard practices

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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