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Cash Backed Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Cash Backed Bank Guarantee

"Need a Cash Backed Bank Guarantee for a construction project in Singapore, where our company (ABC Construction Pte Ltd) will provide SGD 2 million cash security to secure a performance guarantee in favor of the government agency XYZ, with the guarantee expiring on 31 March 2025."

Document background
The Cash Backed Bank Guarantee is a crucial financial instrument in Singapore's commercial landscape, commonly used when parties require secure financial assurance for business obligations. This document type is particularly relevant when the principal is willing to provide cash security to obtain a bank guarantee, offering the beneficiary the security of a bank's promise to pay, backed by actual cash collateral. Under Singapore law, these guarantees are typically demand guarantees, meaning they are payable upon first compliant demand without proof of default. The structure combines the security of cash backing with the operational flexibility of a bank guarantee.
Suggested Sections

1. Parties: Details of the Bank (Guarantor), Account Holder (Principal), and Beneficiary

2. Background: Context of the guarantee and relationship between parties

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Specific sum being guaranteed and currency details

5. Cash Security: Details of the cash deposit securing the guarantee including deposit requirements and maintenance

6. Demand Requirements: Process and conditions for making claims under the guarantee

7. Expiry: Term and expiration conditions of the guarantee

Optional Sections

1. Multiple Beneficiaries: Special provisions for cases where the guarantee has more than one beneficiary

2. Step-in Rights: Provisions governing the bank's rights to take over underlying obligations

3. Currency Provisions: Specific provisions for cross-border guarantees including exchange rate mechanisms

Suggested Schedules

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

2. Cash Security Agreement: Detailed terms governing the cash deposit and security arrangements

3. Fee Schedule: Comprehensive list of bank's fees and charges

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

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






























Industries

Banking Act (Chapter 19): Primary legislation governing banking institutions in Singapore, including provisions on banking secrecy (Section 47) and regulatory requirements for banks issuing guarantees

Securities and Futures Act (Chapter 289): Regulates financial products and services in Singapore, relevant for structured financial instruments including bank guarantees

Contract Law (Chapter 53B): Provides the fundamental legal framework for formation and enforcement of contracts, including guarantees, in Singapore

Monetary Authority of Singapore Act (Chapter 186): Establishes MAS's regulatory authority and oversight of financial institutions issuing bank guarantees

MAS Notice 612: Guidelines on Credit Files, Grading and Provisioning - relevant for banks' credit risk assessment and management

MAS Notice 637: Details Risk Based Capital Adequacy Requirements for banks in Singapore, affecting how banks structure their guarantees

MAS Guidelines on Risk Management Practices: Regulatory guidelines for risk management in banking operations, including issuance of guarantees

URDG 758: ICC Uniform Rules for Demand Guarantees - widely used international standards for bank guarantees in Singapore

Basel III Requirements: International banking standards as implemented in Singapore, affecting capital requirements and risk management

AML/CTF Regulations: Anti-Money Laundering and Counter Terrorism Financing regulations applicable to bank guarantee transactions

Stamp Duties Act: Governs stamp duty requirements for financial instruments including bank guarantees in Singapore

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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