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Advance Payment Guarantee Bond Template for Malaysia

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Key Requirements PROMPT example:

Advance Payment Guarantee Bond

"I need an Advance Payment Guarantee Bond for a construction project in Kuala Lumpur, where HSBC Bank Malaysia will guarantee MYR 5 million to the project owner, with the guarantee reducing by 20% every quarter starting March 2025."

Document background
The Advance Payment Guarantee Bond is a crucial financial instrument in Malaysian business transactions where substantial advance payments are required. It is commonly used in construction, manufacturing, and large-scale project contracts where the employer needs to provide initial funding to the contractor but requires security for such payments. The document serves as a bank's unconditional undertaking to repay the advance payment if the contractor fails to perform their obligations. The guarantee typically includes specific conditions for demands, validity periods, and progressive reduction mechanisms as the advance payment is recovered through the execution of the main contract. Under Malaysian law, these guarantees must comply with the Financial Services Act 2013 and related banking regulations, with specific attention to formal requirements for enforceability.
Suggested Sections

1. Parties: Identifies the three key parties: (1) the Bank/Financial Institution as Guarantor, (2) the Beneficiary receiving the guarantee, and (3) the Principal on whose behalf the guarantee is issued

2. Background: References the underlying contract requiring the advance payment guarantee and explains the context of the guarantee issuance

3. Definitions: Defines key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', 'Underlying Contract', etc.

4. Guarantee Amount: Specifies the maximum amount of the guarantee in both numbers and words

5. Scope of Guarantee: Details the bank's undertaking to pay upon valid demand

6. Conditions for Payment: Specifies the conditions under which the guarantee can be called upon and the process for making a demand

7. Validity Period: States the effective date and expiry date of the guarantee

8. Reduction Clause: Explains how the guarantee amount reduces as advance payment is recovered/amortized

9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and determines jurisdiction for disputes

Optional Sections

1. Islamic Banking Compliance: Required only if the guarantee needs to be Shariah-compliant, stating compliance with Islamic banking principles

2. Language Priority: Required only if the guarantee is issued in multiple languages, establishing which version prevails

3. Assignment Restrictions: Optional section prohibiting or restricting assignment of the guarantee

4. Counter Guarantee: Required only if there is a counter-guarantee arrangement between multiple banks

5. Electronic Presentation: Optional section dealing with electronic demands and communications

Suggested Schedules

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

2. Reduction Schedule: Schedule showing the progressive reduction of the guarantee amount over time

3. Underlying Contract Extract: Relevant extract from the underlying contract requiring the advance payment guarantee

4. Authentication Details: Specimen signatures and/or authentication methods for demand verification

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

Construction

Manufacturing

Infrastructure Development

Oil and Gas

Energy

Defense Contracting

Telecommunications

Engineering Services

Industrial Projects

Real Estate Development

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Project Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Finance Director

Chief Financial Officer

Legal Counsel

Treasury Manager

Procurement Manager

Commercial Director

Risk Manager

Company Secretary

Construction Manager

Project 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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