Trade Finance Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Trade Finance Bank Guarantee

"I need a Trade Finance Bank Guarantee under Austrian law for an export transaction of industrial machinery to India, with a guarantee amount of €2.5 million, expiring on March 15, 2025, with specific provisions for electronic presentation of documents and anti-sanctions compliance."

Document background
The Trade Finance Bank Guarantee is a crucial document in international trade transactions under Austrian law, providing financial security to parties engaged in cross-border commerce. It is typically used when a beneficiary (usually a seller or exporter) requires security for payment or performance from a counterparty (usually a buyer or importer). The guarantee is issued by an Austrian bank or a bank operating under Austrian jurisdiction, following the requirements of the Austrian Civil Code, Banking Act, and relevant EU regulations. The document specifies the conditions under which the bank will make payment, typically upon presentation of compliant documents or stated defaults. This type of guarantee is particularly important in large commercial transactions where parties may not have established trading relationships or where additional security is required by regulatory or commercial considerations.
Suggested Sections

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

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the guarantee

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

5. Scope of Guarantee: Detailed description of what the guarantee covers and the bank's obligations

6. Conditions for Payment: Terms and conditions under which the guarantee can be called upon

7. Form of Demand: Required format and content of any demand under the guarantee

8. Expiry and Validity: Duration of the guarantee and conditions for expiry

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction details

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

11. Assignment and Transfer: Rules regarding transfer or assignment of rights under the guarantee

Optional Sections

1. Counter-Guarantee Provisions: Required when the guarantee is issued under a counter-guarantee structure

2. Reduction Clauses: Include when the guarantee amount may be reduced over time or upon specific events

3. Foreign Law Compliance: Required when the guarantee affects multiple jurisdictions

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

5. Force Majeure: Optional provisions for extraordinary events affecting the guarantee

6. Language: Required when the guarantee is issued in multiple languages

7. Sanctions Clause: Include when transactions involve international trade and potential sanctions concerns

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the relevant commercial contract

3. Authentication Procedures: Specific requirements for authenticating demands and communications

4. Authorized Signatories: List of persons authorized to make demands or sign notices

5. Fee Schedule: Details of bank fees and charges related to the guarantee

6. Documentary Requirements: List of required supporting documents for demands

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 & Financial Services

International Trade

Manufacturing

Construction

Energy

Infrastructure

Shipping & Logistics

Commodities Trading

Import/Export

Heavy Industry

Retail

Relevant Teams

Legal

Trade Finance

Risk Management

Compliance

Corporate Banking

International Banking

Credit Administration

Treasury

Operations

Documentary Credits

Relevant Roles

Trade Finance Manager

Global Transaction Banking Officer

Credit Risk Officer

Legal Counsel

Compliance Officer

Relationship Manager

Treasury Manager

Documentary Credits Specialist

Chief Financial Officer

Import/Export Manager

Banking Operations Manager

Senior Credit Analyst

Trade Finance Operations 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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