Back To Back Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Back To Back Bank Guarantee

"I need a Back-to-Back Bank Guarantee under Austrian law for a €5 million construction project, where Deutsche Bank will be the primary guarantor and Raiffeisen Bank the counter-guarantor, with specific provisions for partial drawings and electronic demands."

Document background
The Back-to-Back Bank Guarantee is essential in international trade and large commercial transactions where multiple jurisdictions are involved. This document, governed by Austrian law, is typically used when a beneficiary requires a guarantee from a local bank, but the applicant's relationship bank is in a different jurisdiction. The guarantee contains detailed provisions regarding the issuance of both guarantees, demand mechanisms, payment terms, and compliance requirements. It ensures alignment with Austrian banking regulations, EU directives, and international banking practices, while providing security to all parties involved. The document includes specific references to Austrian legal requirements, enforcement mechanisms, and typically incorporates ICC URDG 758 rules. It's particularly crucial in scenarios where cross-border security is required, such as in international construction projects, large supply contracts, or significant commercial transactions.
Suggested Sections

1. Parties: Identifies all parties involved: Primary Guarantor Bank, Counter-Guarantor Bank, Applicant, and Beneficiary

2. Background: Explains the context of the underlying transaction and reason for the back-to-back guarantee arrangement

3. Definitions: Defines key terms used throughout the guarantee, including specific banking and guarantee-related terminology

4. Counter-Guarantee Amount and Currency: Specifies the maximum amount and currency of the counter-guarantee

5. Primary Guarantee Terms: Details of the primary guarantee issued to the beneficiary

6. Counter-Guarantee Terms: Terms under which the counter-guarantee can be called upon

7. Demand Requirements: Specific requirements and documentation needed for making a valid demand under the guarantee

8. Payment Terms: Timeframes and procedures for payment upon valid demand

9. Expiry and Release: Conditions for expiry of both guarantees and release of obligations

10. Governing Law and Jurisdiction: Specifies Austrian law as governing law and relevant jurisdiction

11. Notices: Communication procedures and contact details for all parties

Optional Sections

1. Assignment and Transfer: Include when transfer rights need to be specifically addressed or restricted

2. Force Majeure: Include when specific force majeure provisions are required beyond standard Austrian law provisions

3. Anti-Money Laundering Compliance: Include when enhanced AML provisions are required beyond standard banking procedures

4. Sanctions Compliance: Include when transactions involve international parties or high-risk jurisdictions

5. Electronic Documentation: Include when parties agree to accept electronic demands or communications

6. Multiple Currency Provisions: Include when the guarantee involves multiple currencies or currency conversion

7. Step-In Rights: Include when the counter-guarantor bank requires specific intervention rights

8. Partial Demands: Include when partial demands are to be permitted under the guarantee

Suggested Schedules

1. Form of Primary Guarantee: Template or copy of the primary guarantee issued to the beneficiary

2. Demand Notice Template: Standard form for making demands under the guarantee

3. Fee Schedule: Details of all fees, charges, and commission rates applicable

4. Required Documents: List of documents required for guarantee issuance and demands

5. Authorized Signatories: List of authorized persons who can make demands or issue instructions

6. Communication Procedures: Detailed procedures for making demands and communications

7. Underlying Transaction Details: Summary of the underlying commercial transaction

8. Compliance Certificates: Templates for any required compliance certifications

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction

Infrastructure

Manufacturing

Energy

Real Estate

Telecommunications

Mining

Export/Import

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial

International Banking

Credit

Operations

Relevant Roles

Trade Finance Manager

Banking Relationship Manager

Legal Counsel

Compliance Officer

Risk Manager

Treasury Manager

Chief Financial Officer

Commercial Director

Contract Manager

Project Finance Manager

International Business Development Manager

Credit Risk Officer

Banking Operations Manager

Documentary Credits Specialist

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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