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Open Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Open Bank Guarantee

"Need an Open Bank Guarantee for a construction project in Singapore, with a guarantee amount of SGD 5 million, valid from March 1, 2025, to December 31, 2025, with quarterly reduction clauses and specific provisions for performance-based claims."

Document background
An Open Bank Guarantee is commonly used in commercial transactions where financial security is required. Under Singapore law, this instrument provides an independent, unconditional commitment from a bank to pay a specified amount upon the beneficiary's compliant demand. The guarantee typically includes details of the underlying transaction, guarantee amount, validity period, and claim conditions. It's particularly valuable in international trade and large-scale projects where parties seek reliable financial backing from Singapore's robust banking sector.
Suggested Sections

1. Parties: Details of the bank (guarantor), applicant, and beneficiary

2. Background: Context of the guarantee and underlying transaction

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Maximum liability amount under the guarantee

5. Duration and Expiry: Validity period and expiry conditions

6. Demand Requirements: Conditions and process for making claims

Optional Sections

1. Counter-Indemnity: Applicant's obligation to indemnify the bank - used when required by bank's internal policy

2. Assignment Provisions: Terms regarding transfer of guarantee rights - included when transfer rights are contemplated

3. Reduction Clause: Provisions for reducing guarantee amount over time - used for long-term guarantees with declining exposure

Suggested Schedules

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

2. Underlying Contract Details: Summary of the primary contract being guaranteed

3. Fee Schedule: Bank's charges and commission structure

4. Supporting Documents: List of required documents for guarantee activation

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 and operations in Singapore, including provisions for bank guarantees and financial instruments

Bills of Exchange Act (Chapter 23): Legislation governing negotiable instruments and related banking documents in Singapore

Electronic Transactions Act (Chapter 88): Laws governing electronic transactions and digital signatures, relevant for electronic bank guarantees

Monetary Authority of Singapore Act (Chapter 186): Framework for financial sector regulation and supervision by MAS, including banking operations

MAS Notice 610: Regulatory notice specifying risk-based capital adequacy requirements for banks in Singapore

MAS Notice 637: Detailed requirements for risk-based capital adequacy for banks incorporated in Singapore

MAS Guidelines on Credit Risk Management: Regulatory guidelines for managing credit risk in banking operations, including guarantees

URDG 758: ICC Uniform Rules for Demand Guarantees - International standard rules for bank guarantees

ISP98: International Standby Practices - Global standards for standby letters of credit and bank guarantees

UCP 600: Uniform Customs and Practice for Documentary Credits - International rules for documentary credits

Singapore Contract Law: Common law principles governing contract formation and enforcement in Singapore

Singapore Banking Law Principles: Common law principles specific to banking operations and guarantees in Singapore

Singapore Case Law on Bank Guarantees: Precedents set by Singapore courts regarding interpretation and enforcement of bank guarantees

AML/CFT Regulations: Anti-Money Laundering and Countering the Financing of Terrorism regulations applicable to bank guarantees

KYC Requirements: Know Your Customer requirements for customer due diligence in banking transactions

Foreign Exchange Regulations: Rules governing foreign exchange transactions and cross-border 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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