Indirect Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Indirect Bank Guarantee

"I need an Indirect Bank Guarantee template under Austrian law for a construction project, where our Austrian bank will issue a performance guarantee of €5 million through a local bank in Germany, with the guarantee period running until March 2025."

Document background
The Indirect Bank Guarantee is a specialized financial instrument commonly used in international trade and complex financial transactions under Austrian law. It creates a chain arrangement where a local bank (Guarantor Bank) issues a guarantee at the request of another bank (Instructing Bank) on behalf of the Principal. This structure is particularly useful when the beneficiary requires a guarantee from a bank in their jurisdiction, but the Principal's relationship bank is located elsewhere. The document includes comprehensive provisions for guarantee issuance, demand procedures, payment terms, and counter-indemnity obligations, all compliant with Austrian banking regulations and international banking practices. It's essential for transactions requiring local bank presence while leveraging international banking relationships.
Suggested Sections

1. Parties: Identification of all parties: Principal, Instructing Bank, and Guarantor Bank, including full legal names and addresses

2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed

3. Definitions: Key terms used throughout the guarantee document

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

5. Scope of Guarantee: Detailed description of the obligations covered by the guarantee

6. Duration and Expiry: Validity period of the guarantee, including effective date and expiry conditions

7. Demand Requirements: Formal requirements for making a valid demand under the guarantee

8. Payment Terms: Conditions and procedure for payment upon receipt of a valid demand

9. Counter-Indemnity: Principal's obligation to indemnify the Instructing Bank

10. Bank Charges and Fees: Distribution of costs and fees among parties

11. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes

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

Optional Sections

1. Transfer and Assignment: Include when the guarantee needs to be transferable

2. Reduction Clause: Include when the guarantee amount may be reduced over time

3. Language: Include when the guarantee may be issued in multiple languages

4. Force Majeure: Include for international guarantees to address unforeseen circumstances

5. Anti-Money Laundering Provisions: Include when required by specific banking regulations or compliance requirements

6. Sanctions Clause: Include when transactions involve international trade or parties from different jurisdictions

7. Electronic Presentation: Include when electronic submission of documents is permitted

Suggested Schedules

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

2. Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Specimen Signatures: Authorized signatures for all parties

4. Underlying Contract Details: Summary or extract of the underlying contract being guaranteed

5. Communication Procedures: Detailed procedures for communications between banks

6. Required Documents: List of documents required for guarantee activation or demand

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

International Trade

Construction and Infrastructure

Manufacturing

Energy and Utilities

Import/Export

Real Estate Development

Telecommunications

Aviation

Maritime and Shipping

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

International Business

Corporate Banking

Credit Administration

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Financial Controller

Risk Manager

Legal Counsel

Compliance Officer

International Business Development Manager

Credit Manager

Banking Relationship Manager

Corporate Finance Director

Account Manager

Project Finance Manager

Trade Operations 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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