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Advance Payment Guarantee Letter
"I need an Advance Payment Guarantee Letter under Dutch law for a €2.5 million advance payment in a construction project, where our company (ABC Construction BV) is the contractor, and the guarantee should be valid until March 15, 2025, with a progressive reduction clause based on project milestones."
1. Bank/Guarantor Details: Full name and details of the issuing bank/financial institution
2. Beneficiary Details: Full name and details of the party receiving the guarantee
3. Principal/Applicant Details: Full name and details of the party on whose behalf the guarantee is issued
4. Underlying Contract Reference: Details of the main contract requiring the advance payment guarantee
5. Guarantee Amount: Specific amount and currency of the guarantee
6. Purpose of Guarantee: Clear statement of the advance payment being guaranteed
7. Validity Period: Effective date and expiry date of the guarantee
8. Demand Requirements: Conditions and process for making a claim under the guarantee
9. Governing Law and Jurisdiction: Specification of Dutch law and relevant jurisdiction
1. Reduction Clause: Include when the guarantee amount should reduce progressively based on contract performance
2. Force Majeure: Include for international transactions or where specific force majeure risks need to be addressed
3. Assignment Restrictions: Include when transfer of guarantee rights needs to be specifically restricted
4. Counter-Guarantee Reference: Include when the guarantee is issued under a counter-guarantee structure
5. Language Provision: Include for international transactions to specify controlling language version
6. URDG 758 Application: Include when the guarantee is to be subject to ICC Uniform Rules for Demand Guarantees
1. Payment Schedule: Details of the advance payment schedule if paid in installments
2. Form of Demand: Template for making a valid demand under the guarantee
3. Copy of Underlying Contract: Relevant excerpts or full copy of the main contract (if required)
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Banking and Financial Services
Construction and Infrastructure
Manufacturing
Energy and Utilities
International Trade
Engineering and Technology
Government and Public Sector
Oil and Gas
Telecommunications
Defense and Aerospace
Legal
Finance
Treasury
Procurement
Project Management
Risk Management
Commercial
Compliance
Trade Finance
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Project Manager
Contract Manager
Legal Counsel
Procurement Manager
Risk Manager
Commercial Director
Banking Relationship Manager
Trade Finance Manager
Compliance Officer
Business Development Manager
Account Executive
Financial Controller
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