Bank Counter Guarantee for the United Kingdom

Bank Counter Guarantee Template for England and Wales

A Bank Counter Guarantee is a financial instrument under English and Welsh law where one bank (counter-guarantor) provides a guarantee to another bank (beneficiary bank) to secure the latter's issuance of a primary guarantee. This document outlines the terms, conditions, and obligations of the counter-guarantor bank, including payment triggers, validity period, and claim procedures. It operates within the framework of English banking regulations and international guarantee practices.

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What is a Bank Counter Guarantee?

Bank Counter Guarantees are essential financial instruments used when a bank requires backing from another bank to issue a guarantee. Typically employed in international trade and large-scale projects, these documents are governed by English and Welsh law and follow international banking practices. The Bank Counter Guarantee specifies the maximum liability, validity period, claim conditions, and includes provisions for documentation requirements and payment procedures. It's particularly relevant when the original guarantor bank needs additional security or risk sharing arrangements.

What sections should be included in a Bank Counter Guarantee?

1. Parties: Details of the Counter-Guarantor Bank and Beneficiary Bank

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

3. Definitions: Key terms used throughout the document

4. Counter-Guarantee Amount: Specified amount of the counter-guarantee

5. Terms of Payment: Conditions and process for payment under the counter-guarantee

6. Expiry Date: Validity period of the counter-guarantee

What sections are optional to include in a Bank Counter Guarantee?

1. Governing Law Choice: Explicit choice of law clause - used in international transactions

2. Assignment Provisions: Terms regarding transfer of rights - included when assignment might be contemplated

3. Force Majeure: Provisions for extraordinary events - recommended for long-term or high-value guarantees

What schedules should be included in a Bank Counter Guarantee?

1. Form of Demand: Template for making claims under the counter-guarantee

2. Primary Guarantee Details: Copy or details of the primary guarantee being counter-guaranteed

3. Supporting Documents: List of required supporting documentation for claims

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions
Industries

Uniform Rules for Demand Guarantees (URDG 758): ICC Publication providing standardized rules for demand guarantees and counter-guarantees in international trade

Statute of Frauds 1677: Historical legislation establishing requirements for written contracts, still relevant for certain contractual obligations in modern English law

Contract Law Reform (Presentation of Electronic Instruments) Regulations 2019: Regulations governing the electronic presentation of legal instruments and contracts

Financial Services and Markets Act 2000: Primary legislation regulating financial services industry in the UK, including banking activities and guarantees

Prudential Regulation Authority Requirements: Regulatory framework ensuring banks maintain adequate capital and manage risks appropriately

Financial Conduct Authority Regulations: Regulatory requirements focusing on consumer protection and market integrity in financial services

Basel III Requirements: International regulatory framework for banks, specifying capital adequacy and liquidity requirements

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts and services, including financial services

Unfair Contract Terms Act 1977: Law regulating unfair terms in contracts, ensuring balance between parties

Consumer Credit Act 1974: Legislation regulating consumer credit and related financial arrangements

Money Laundering Regulations 2017: Regulations requiring financial institutions to implement measures preventing money laundering

Proceeds of Crime Act 2002: Law dealing with money laundering and other financial crimes

Terrorism Act 2000: Legislation including provisions on terrorist financing and related financial regulations

UN Convention on Independent Guarantees and Stand-by Letters of Credit: International convention providing framework for cross-border guarantees and standby letters of credit

European Union Retained Law: EU laws retained in UK law post-Brexit affecting financial services and banking

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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