Bank Guarantee Against Property for United Arab Emirates

Bank Guarantee Against Property Template for United Arab Emirates

A comprehensive legal document governed by UAE law that establishes a bank guarantee secured by real property. The document details the terms under which a bank provides a guarantee to a beneficiary, with the guarantee being secured by property offered as collateral by the security provider. It incorporates provisions compliant with UAE banking regulations, property laws, and security registration requirements, including specific provisions for enforcement under UAE jurisdiction. The document addresses property valuation, registration requirements, enforcement mechanisms, and the rights and obligations of all parties involved.

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What is a Bank Guarantee Against Property?

The Bank Guarantee Against Property is a crucial financial security instrument in the United Arab Emirates, commonly used in commercial and development transactions where substantial financial assurance is required. This document is typically employed when a party needs to provide a bank guarantee but wishes to use real property as security instead of cash collateral. The guarantee structure must comply with UAE Federal Laws, including UAE Civil Code provisions on guarantees and securities, UAE Central Bank regulations, and local property laws. The document includes detailed provisions for property valuation, registration of security interests, enforcement mechanisms, and the specific rights and obligations of the guarantor bank, property owner, and beneficiary. It's particularly relevant in construction projects, commercial developments, and large-scale commercial transactions where significant financial guarantees are required.

What sections should be included in a Bank Guarantee Against Property?

1. Parties: Identifies the Bank (Guarantor), Property Owner (Security Provider), and Beneficiary, including full legal names and addresses

2. Background: Explains the context of the guarantee, the underlying obligation being guaranteed, and the property being offered as security

3. Definitions: Defines key terms used throughout the agreement, including technical banking terms and property-related definitions

4. Guarantee Provisions: Details the scope, amount, and duration of the bank guarantee, including conditions for calling upon the guarantee

5. Property Security: Describes the property being offered as security and the nature of the security interest being created

6. Representations and Warranties: Statements by the Property Owner regarding ownership, authority to grant security, and property condition

7. Registration and Perfection: Requirements for registering the security interest with relevant authorities

8. Covenants: Ongoing obligations of the Property Owner regarding maintenance, insurance, and use of the property

9. Events of Default: Circumstances that constitute default and trigger enforcement rights

10. Enforcement Rights: Bank's rights and procedures for enforcing against the property upon default

11. Costs and Expenses: Allocation of costs related to the guarantee, registration, and enforcement

12. Notices: Process for giving formal notices under the guarantee

13. Governing Law and Jurisdiction: Confirms UAE law as governing law and specifies jurisdiction for disputes

What sections are optional to include in a Bank Guarantee Against Property?

1. Islamic Finance Compliance: Required when the guarantee needs to comply with Sharia principles

2. Multiple Properties: Additional provisions when security is taken over multiple properties

3. Cross-Default: Links to other facilities or guarantees where cross-default provisions are required

4. Step-In Rights: Rights of the bank to take control of property management upon specific triggers

5. Currency Provisions: Required when the guarantee amount is in a different currency from the property valuation

6. Co-Guarantors: Additional provisions when multiple parties are providing guarantees

7. Property Management: Specific requirements for property management during the guarantee period

What schedules should be included in a Bank Guarantee Against Property?

1. Property Description: Detailed legal description of the property, including title details and registration information

2. Form of Demand: Template for making a demand under the guarantee

3. Property Valuation Report: Recent valuation report from an approved valuer

4. Title Documents: Copies of property ownership documents and title deeds

5. Insurance Requirements: Details of required insurance coverage for the property

6. Required Registrations: List of necessary registrations and filings with various authorities

7. Existing Encumbrances: Details of any existing mortgages or charges on the property

8. Power of Attorney: Form of power of attorney for property-related actions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Construction

Commercial Property Development

Infrastructure Development

Industrial Development

Retail Development

Hospitality

Healthcare Facilities

Relevant Teams

Legal

Corporate Banking

Risk Management

Real Estate Finance

Compliance

Credit Administration

Property Services

Corporate Finance

Treasury

Securities Documentation

Relevant Roles

Chief Financial Officer

Bank Manager

Credit Risk Manager

Property Finance Manager

Real Estate Director

Legal Counsel

Compliance Officer

Property Development Manager

Commercial Director

Security Documentation Officer

Corporate Banking Manager

Real Estate Finance Manager

Risk Assessment Officer

Treasury Manager

Corporate Finance Director

Industries
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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