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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."
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
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
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
Construction
Manufacturing
Infrastructure Development
Oil and Gas
Energy
Defense Contracting
Telecommunications
Engineering Services
Industrial Projects
Real Estate Development
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Project Management
Contract Administration
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
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