Bank Guarantee First Demand Template for Austria

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Key Requirements PROMPT example:

Bank Guarantee First Demand

"I need a Bank Guarantee First Demand under Austrian law for EUR 2.5 million to secure a construction project, with quarterly reduction provisions starting from March 2025, and the guarantee should include provisions for electronic submission of demands."

Document background
The Bank Guarantee First Demand is a crucial financial instrument used in commercial transactions where one party requires secure payment assurance from the other. This document type is particularly relevant in scenarios involving significant financial commitments, international trade, construction projects, or large supply contracts. Under Austrian law, the guarantee represents an independent, irrevocable commitment by a bank to pay a specified sum upon the beneficiary's first demand, without requiring proof of default. The document includes essential elements such as the guarantee amount, validity period, demand requirements, and payment terms. Its first demand nature means the bank must pay promptly upon receiving a compliant demand, making it a powerful security instrument. The guarantee is structured to comply with Austrian legal requirements while often incorporating international banking practices, particularly relevant for cross-border transactions.
Suggested Sections

1. Parties: Identification of the Guarantor (Bank), the Beneficiary, and the Principal/Applicant

2. Background: Brief description of the underlying transaction or relationship necessitating the guarantee

3. Definitions: Key terms used in the guarantee document

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

5. Scope of Guarantee: Clear statement of the bank's obligation and the first demand nature of the guarantee

6. Demand Requirements: Format and content requirements for making a valid demand under the guarantee

7. Payment Terms: Timeframe and method for payment upon receipt of a compliant demand

8. Expiry Provisions: Conditions for expiry of the guarantee and return of the guarantee document

9. Governing Law and Jurisdiction: Explicit statement of Austrian law governance and jurisdiction

10. Notices: Communication methods and addresses for all formal notices

11. Assignment and Transfer: Provisions regarding transferability of the guarantee

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Reduction Clause: Used when the guarantee amount may be reduced over time or upon certain events

2. Language Provisions: Required when the guarantee might be used in multiple jurisdictions or languages

3. Force Majeure: Added when specific force majeure provisions are required beyond standard Austrian law

4. Electronic Presentation: Include when demands can be made electronically

5. Counter-Guarantee Provisions: Required when involving a counter-guarantee from another bank

6. Sanctions Clause: Added when transactions might involve international sanctions considerations

7. Multiple Beneficiaries: Include when there is more than one beneficiary

8. Partial Demands: Used when multiple partial demands are permitted

Suggested Schedules

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

2. Authorized Signatories: List of persons authorized to make demands under the guarantee

3. Underlying Contract Details: Key details of the underlying transaction or relationship

4. Form of Reduction Notice: Template for notification of reduction in guarantee amount

5. Communication Details: Detailed contact information for all parties

6. Bank Payment Details: Banking coordinates for payment processing

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 Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Manufacturing

Energy and Utilities

Real Estate Development

Engineering and Technology

Telecommunications

Transportation and Logistics

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Credit Control

Corporate Banking

Trade Finance

Project Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Contract Manager

Risk Manager

Trade Finance Manager

Banking Relationship Manager

Compliance Officer

Project Manager

Commercial Director

Credit Manager

Financial Controller

Business Development Manager

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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