Irrevocable And Unconditional Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Irrevocable And Unconditional Bank Guarantee

"I need an Irrevocable and Unconditional Bank Guarantee under Austrian law for a construction project in Vienna, with a guaranteed amount of €5 million, valid until March 15, 2025, to be issued by Erste Bank in favor of Austrian Federal Railways as security for a railway infrastructure development contract."

Document background
The Irrevocable And Unconditional Bank Guarantee is a crucial financial instrument used in commercial transactions where absolute payment security is required. It is particularly relevant in scenarios involving significant financial commitments, such as construction projects, international trade, or large-scale service contracts. Under Austrian law, this guarantee provides the beneficiary with a direct, unconditional claim against the issuing bank, independent of the underlying commercial relationship. The document must comply with Austrian banking regulations, including the Banking Act (BWG) and relevant EU regulations, while also potentially incorporating international banking practices such as URDG 758. The guarantee's irrevocable and unconditional nature means that payment must be made upon valid demand, without the bank having the right to withdraw the guarantee or impose conditions beyond those specified in the guarantee text.
Suggested Sections

1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal (the party whose obligations are being guaranteed)

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

3. Definitions: Definitions of key terms used in the guarantee, including 'Guaranteed Amount', 'Expiry Date', and 'Underlying Agreement'

4. Guarantee: Core guarantee commitment, stating the unconditional and irrevocable nature of the guarantee and the maximum guaranteed amount

5. Demand Requirements: Specific format and content requirements for making a valid demand under the guarantee

6. Payment Terms: Timeline and process for payment upon receipt of a valid demand

7. Expiry: Terms regarding the expiry date of the guarantee and conditions for extension

8. Governing Law and Jurisdiction: Explicit statement of Austrian law as governing law and designation of jurisdiction for disputes

9. Notices: Communication methods and addresses for all formal notices under the guarantee

Optional Sections

1. Reduction Clause: Optional clause specifying if and how the guarantee amount may be reduced over time - used when the guaranteed obligation decreases progressively

2. Transfer and Assignment: Provisions regarding the transferability of the guarantee - included when transfer rights need to be either permitted or prohibited

3. Language: Clause specifying the prevailing language - included when the guarantee is issued in multiple languages

4. Electronic Demands: Provisions for accepting electronic demands - included when parties agree to allow digital submission of demands

5. Counter-Guarantee: References to any counter-guarantee arrangements - included when the guarantee is issued under a counter-guarantee structure

6. Stamp Duty Declaration: Statement regarding stamp duty obligations - included when required by Austrian tax authorities

7. URDG 758 Application: Clause incorporating URDG 758 rules - included when parties agree to apply these international rules

Suggested Schedules

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

2. Underlying Agreement Extract: Relevant extract from the underlying agreement referring to the requirement for the guarantee

3. Authentication Procedures: Details of agreed procedures for authenticating demands, particularly relevant for electronic submissions

4. Authorized Signatories: List of persons authorized to sign demands on behalf of the beneficiary

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
Relevant Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Manufacturing

Energy and Utilities

Real Estate Development

Telecommunications

Government and Public Sector

Mining and Resources

Transport and Logistics

Relevant Teams

Legal

Treasury

Trade Finance

Risk Management

Compliance

Corporate Banking

Credit

Operations

International Banking

Commercial

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Legal Counsel

Corporate Banking Officer

Risk Manager

Compliance Officer

Contract Manager

Project Finance Manager

Commercial Director

Credit Risk Officer

Banking Operations Manager

International Trade Specialist

Corporate Finance Manager

Senior Bank Guarantees Officer

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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