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Conditional Bank Guarantee
"I need a Conditional Bank Guarantee under Austrian law for EUR 2.5 million to secure a construction project in Vienna, where payment should only be triggered if the contractor fails to meet specific construction milestones by March 2025."
1. Parties: Identification of the Bank (Guarantor), the Beneficiary, and the Principal (Account Party)
2. Background: Context of the underlying transaction and purpose of the guarantee
3. Definitions: Key terms used throughout the guarantee, including 'Guaranteed Sum', 'Expiry Date', and 'Triggering Event'
4. Guarantee Amount and Currency: Specification of the maximum guaranteed amount and currency of payment
5. Conditions for Payment: Detailed conditions that must be met before the bank is obligated to pay under the guarantee
6. Form and Method of Demand: Requirements for making a valid demand under the guarantee, including necessary documentation
7. Payment Terms: Timeframe and process for payment once conditions are met
8. Expiry and Return: Validity period of the guarantee and conditions for return or expiry
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
10. Notices: Communication requirements and contact details for all parties
11. Assignment and Transfer: Restrictions on transfer or assignment of rights under the guarantee
1. Reduction Clause: Used when the guarantee amount can be reduced over time or upon certain events
2. Extension Provisions: Include when the guarantee may need to be extended beyond its initial expiry date
3. Counter-Guarantee Provisions: Required when involving a foreign bank as counter-guarantor
4. Language Provisions: Needed for international guarantees to specify the prevailing language version
5. Force Majeure: Include when specific force majeure events need to be addressed
6. Electronic Presentation: Include when allowing for electronic submission of demands
7. URDG 758 Incorporation: Optional incorporation of ICC Uniform Rules for Demand Guarantees
1. Schedule 1 - Form of Demand: Template for submitting a valid demand under the guarantee
2. Schedule 2 - Required Documents: List of documents required to be presented with a demand
3. Schedule 3 - Form of Reduction Notice: Template for notices reducing the guarantee amount (if applicable)
4. Appendix A - Underlying Contract Details: Key details of the underlying transaction being guaranteed
5. Appendix B - Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Guaranteed Amount
Expiry Date
Banking Day
Beneficiary
Principal
Guarantor
Counter-Guarantor
Underlying Contract
Demand
Complying Presentation
Conditions
Triggering Event
Supporting Documents
Force Majeure Event
Payment Date
Authorized Representative
Notification
Applicable Law
Austrian Business Hours
Presentation Location
Reduction Amount
Extension Period
Guarantee Currency
Business Day
Documentary Requirements
Payment Obligation
Original Guarantee
Guarantee Terms
Claim Period
Default Event
Electronic Presentation
URDG 758
Maximum Liability Amount
Effective Date
Payment Obligations
Conditions Precedent
Documentary Requirements
Presentation Requirements
Duration and Expiry
Reduction Provisions
Assignment and Transfer
Force Majeure
Governing Law
Jurisdiction
Notices
Amendments
Counter-Guarantee
Language
Electronic Communications
Default Events
Claims Procedure
Bank's Rights and Obligations
Time Limits
Representations and Warranties
Enforcement
Severability
Entire Agreement
Third Party Rights
Costs and Expenses
Anti-Money Laundering
Compliance with Laws
Authentication
Stamp Duty and Taxes
Banking and Financial Services
Construction and Infrastructure
International Trade
Manufacturing
Energy and Utilities
Real Estate Development
Government and Public Sector
Telecommunications
Mining and Resources
Engineering and Construction
Legal
Finance
Treasury
Risk Management
Commercial Operations
Trade Finance
Project Management
Compliance
Credit
Business Development
Legal Counsel
Finance Director
Treasury Manager
Contract Manager
Risk Manager
Trade Finance Manager
Project Manager
Commercial Director
Chief Financial Officer
Banking Relationship Manager
Compliance Officer
Corporate Lawyer
Business Development Manager
Credit Risk Officer
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