Deferred Payment Bank Guarantee Template for United Arab Emirates

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Key Requirements PROMPT example:

Deferred Payment Bank Guarantee

I need a Deferred Payment Bank Guarantee for an import of industrial machinery from Germany to UAE, with a guarantee amount of AED 5 million to be paid in four quarterly installments starting March 2025, where Emirates NBD will be the issuing bank.

Document background
The Deferred Payment Bank Guarantee is a crucial financial instrument in UAE commercial transactions, particularly where parties seek to facilitate trade while managing cash flow and risk. This document is commonly used when a buyer needs to defer payment for goods or services but must provide security to the seller. The guarantee, issued under UAE law and banking regulations, commits the bank to pay the beneficiary according to a predetermined schedule if the principal fails to meet their payment obligations. It includes specific provisions for payment terms, demand requirements, and validity periods, while ensuring compliance with UAE Central Bank regulations and international banking practices. The document is particularly relevant for international trade transactions, large commercial contracts, and infrastructure projects where extended payment terms are necessary.
Suggested Sections

1. Parties: Identifies the bank (guarantor), the beneficiary, and the principal (applicant) for whom the guarantee is issued

2. Background: Describes the underlying transaction or relationship necessitating the guarantee and references the relevant commercial agreement

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount and Currency: Specifies the maximum amount of the guarantee and the currency of payment

5. Scope of Guarantee: Details the specific obligations or performance being guaranteed

6. Payment Terms: Specifies the deferred payment structure, including payment schedule and conditions

7. Demand Requirements: Outlines the process and requirements for making a valid demand under the guarantee

8. Expiry and Claims Period: States the validity period of the guarantee and deadline for claims

9. Governing Law and Jurisdiction: Specifies UAE law as governing law and defines jurisdiction for disputes

10. Notices: Details how and where formal communications between parties should be made

Optional Sections

1. Counter Guarantee: Required when the guarantee is issued through a correspondent bank or involves multiple banking parties

2. Assignment: Include when the rights under the guarantee may need to be transferable

3. Force Majeure: Add when specific force majeure provisions are required beyond standard UAE law provisions

4. Language: Include when the guarantee needs to be bilingual or specify which language version prevails

5. Partial Drawings: Include when multiple drawings under the guarantee are permitted

6. Anti-Money Laundering Compliance: Add when dealing with international transactions or high-risk sectors

Suggested Schedules

1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee

2. Schedule 2 - Payment Schedule: Detailed schedule of deferred payment dates and amounts

3. Schedule 3 - Supporting Documents: List of required documents to be presented with any demand

4. Appendix A - Underlying Commercial Agreement Details: Key details from the underlying commercial agreement relevant to the guarantee

5. Appendix B - Authorized Signatories: List of persons authorized to make demands under the guarantee

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

Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Oil and Gas

Real Estate Development

Wholesale and Distribution

Engineering and Industrial Services

Telecommunications

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial Operations

Banking Operations

Credit Administration

International Business

Relevant Roles

Trade Finance Manager

Corporate Banking Officer

Legal Counsel

Chief Financial Officer

Treasury Manager

Risk Management Officer

Compliance Officer

Commercial Director

Finance Director

Import/Export Manager

Credit Manager

Documentary Credits Specialist

Banking Operations Manager

Contract Administrator

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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