Open Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Open Bank Guarantee

"I need an Open Bank Guarantee under Austrian law for EUR 2.5 million to secure a construction project in Vienna, valid from March 1, 2025, to December 31, 2025, with quarterly reduction provisions based on project milestones."

Document background
The Open Bank Guarantee is a fundamental financial instrument used in commercial transactions under Austrian law to provide security and risk mitigation. It is typically employed when one party requires financial assurance from another party's bank regarding the performance of contractual obligations or financial commitments. This document type is particularly relevant in international trade, construction projects, tender submissions, and various commercial transactions where financial security is required. The guarantee is structured according to Austrian banking regulations and commercial law, providing an independent payment undertaking from the bank to the beneficiary. The document includes specific provisions regarding the guarantee amount, validity period, demand requirements, and payment terms, while ensuring compliance with both local Austrian legal requirements and international banking practices.
Suggested Sections

1. Parties: Identification of the bank (guarantor), the applicant (principal), and the beneficiary

2. Background: Context of the underlying transaction or relationship necessitating the bank guarantee

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee Amount: Specific amount of the guarantee and currency

5. Scope of Guarantee: Nature and extent of the bank's obligation under the guarantee

6. Duration and Validity: Effective date, expiry date, and any automatic extension provisions

7. Demand Requirements: Procedures and conditions for making a claim under the guarantee

8. Payment Terms: Timeframe and method of payment upon valid demand

9. Reduction Provisions: Conditions and process for reducing the guarantee amount

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

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

Optional Sections

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

2. Language Provisions: Include for international guarantees where multiple languages may be used

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

4. Counter-Guarantee Provisions: Include when the guarantee is issued under a counter-guarantee structure

5. Electronic Presentation: Include when electronic submission of demands is permitted

6. Partial Claims: Include when multiple partial claims are to be permitted

7. URDG 758 Incorporation: Include when the guarantee is to be subject to ICC Uniform Rules for Demand Guarantees

Suggested Schedules

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

2. Supporting Documents: List and samples of required supporting documents for demands

3. Authentication Procedures: Details of procedures for authenticating demands and communications

4. Underlying Contract Details: Summary of the underlying contract or transaction (if relevant)

5. Fee Schedule: Schedule of fees and charges related to the guarantee (if applicable)

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

Clauses
Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Energy and Utilities

Infrastructure Development

Telecommunications

Government and Public Sector

Retail and Commerce

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Project Management

Trade Finance

Credit Control

Corporate Banking

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Trade Finance Manager

Risk Manager

Legal Counsel

Compliance Officer

Contract Manager

Project Manager

Credit Manager

Banking Relationship Manager

Commercial Director

Business Development Manager

Corporate Finance Manager

Financial Controller

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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