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On Demand Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

On Demand Bank Guarantee

"I need an On Demand Bank Guarantee for a construction project in Singapore, with a guarantee amount of SGD 5 million, expiring on 30 June 2025, where my company is the principal and ABC Construction Pte Ltd is the beneficiary."

Document background
An On Demand Bank Guarantee is commonly used in commercial transactions where one party seeks financial security from another. Under Singapore law, these guarantees provide an independent, quick, and reliable payment mechanism, typically used in construction projects, international trade, and major commercial transactions. The guarantee operates as a primary obligation of the bank, independent from the underlying contract, and can be called upon through a simple demand meeting the specified requirements. Singapore's legal framework provides specific protections through both statutory provisions and case law, while recognizing international banking practices.
Suggested Sections

1. Guarantee Details: Specifies the amount, beneficiary, and principal of the guarantee, including the guarantee reference number and date of issuance

2. Demand Requirements: Outlines the specific format, conditions, and procedures for making a valid demand under the guarantee

3. Expiry and Validity: States the validity period of the guarantee, including the expiry date and any auto-extension clauses

4. Payment Terms: Specifies how and when payment will be made upon valid demand, including currency and method of payment

5. Bank's Undertaking: Details the bank's commitment to pay upon receipt of complying demand and the independent nature of the guarantee

Optional Sections

1. Counter-Indemnity: Used when the principal provides indemnity to the bank against any claims or losses arising from the guarantee

2. Assignment Clause: Provisions regarding whether and how the guarantee rights may be transferred or assigned to another party

3. Governing Law and Jurisdiction: Specific choice of law and jurisdiction provisions for international guarantees or when specifically requested

4. Reduction Clause: Provisions for automatic or staged reduction of the guarantee amount over time or upon certain events

Suggested Schedules

1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee, including required format and content

2. Schedule 2 - Supporting Documents: List and formats of required documents that must accompany any demand under the guarantee

3. Schedule 3 - Underlying Contract Details: Reference details of the primary contract or obligation being guaranteed

4. Schedule 4 - Communication Methods: Specified methods and addresses for sending demands and communications 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 (Cap. 19): Primary Singapore legislation governing banking institutions and their operations, including the issuance of bank guarantees

Bills of Exchange Act (Cap. 23): Singapore legislation governing negotiable instruments and related banking documents

Monetary Authority of Singapore Act (Cap. 186): Legislation establishing MAS's regulatory authority over financial institutions and banking practices

URDG 758: ICC Uniform Rules for Demand Guarantees - International rules governing practice of demand guarantees

ISP98: International Standby Practices - Rules governing standby letters of credit and similar instruments

UCP 600: Uniform Customs and Practice for Documentary Credits - ICC rules relevant for documentary credits and related instruments

JBE Properties Pte Ltd v Gammon Pte Ltd [2010]: Singapore Court of Appeal case establishing principles regarding enforcement of on-demand guarantees

BS Mount Sophia Pte Ltd v Join-Aim Pte Ltd [2012]: Singapore Court of Appeal case dealing with unconscionability exception in demand guarantees

Bocotra Construction Pte Ltd v Attorney General [1995]: Singapore Court of Appeal case addressing fraud exception in performance bonds and demand guarantees

Autonomy Principle: Legal principle establishing that bank guarantees are independent from the underlying contract

Strict Compliance Doctrine: Legal principle requiring exact compliance with terms of the guarantee for successful calls

Fraud Exception: Legal principle allowing banks to refuse payment under guarantee in cases of established fraud

Unconscionability Exception: Singapore-specific legal principle allowing courts to prevent calls on guarantees in cases of unconscionable conduct

MAS Guidelines on Corporate Governance: Regulatory guidelines issued by MAS governing corporate governance practices in financial institutions

AML Requirements: Anti-money laundering requirements applicable to bank guarantee transactions

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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