Back To Back Bank Guarantee for India

Back To Back Bank Guarantee Template for India

This document establishes a back-to-back bank guarantee arrangement under Indian law, where one bank (the corresponding bank) issues a guarantee based on a counter-guarantee from another bank (the primary bank). The document adheres to the Reserve Bank of India's guidelines and the Indian Contract Act, incorporating necessary provisions for guarantee enforcement, payment mechanisms, and compliance requirements. It details the rights, obligations, and liabilities of all parties involved, including specific conditions for invocation, payment terms, and validity periods, while ensuring alignment with Indian banking regulations and commercial practices.

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What is a Back To Back Bank Guarantee?

A Back to Back Bank Guarantee is a specialized financial instrument commonly used in complex commercial transactions under Indian jurisdiction. This arrangement is typically employed when a beneficiary requires a guarantee from a local bank, but the principal's banking relationship is with a different bank, often in another location. The document becomes essential in international trade, large infrastructure projects, or government tenders where local bank guarantees are mandatory. It outlines the mechanism where the corresponding bank issues a guarantee to the beneficiary, backed by a counter-guarantee from the primary bank, thus creating a chain of guarantees. The document must comply with Reserve Bank of India guidelines, the Banking Regulation Act, and other relevant Indian banking laws while addressing the commercial requirements of all parties involved.

What sections should be included in a Back To Back Bank Guarantee?

1. Parties: Identifies all parties involved: Primary Bank (Issuing Bank), Corresponding Bank, Principal/Applicant, and Beneficiary

2. Background: Context of the underlying transaction and the need for the back-to-back guarantee arrangement

3. Definitions: Defines key terms used throughout the document including 'Primary Guarantee', 'Counter Guarantee', 'Guarantee Amount', etc.

4. Scope of Guarantee: Details of the guarantee amount, purpose, and coverage

5. Terms of the Guarantee: Specific conditions under which the guarantee can be invoked

6. Duration and Validity: Commencement date, expiry date, and any auto-renewal provisions

7. Payment Terms: Process for demand and payment under the guarantee, including timeline and documentation requirements

8. Rights and Obligations: Responsibilities and rights of each party under the guarantee arrangement

9. Representations and Warranties: Standard declarations by the parties regarding their capacity and authority

10. Events of Default: Circumstances that constitute default and trigger enforcement

11. Enforcement Mechanism: Procedures for enforcing the guarantee and making claims

12. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction

What sections are optional to include in a Back To Back Bank Guarantee?

1. Counter-Indemnity: Additional indemnification provisions when required by the corresponding bank

2. Assignment Provisions: Include when transfer of guarantee rights needs to be addressed

3. Force Majeure: Added when specific force majeure protection is required beyond standard provisions

4. Anti-Money Laundering Compliance: Required when dealing with international transactions or high-risk sectors

5. Stamp Duty Declaration: Required in states with specific stamp duty requirements

6. Digital Execution Provisions: Include when electronic execution of the guarantee is contemplated

What schedules should be included in a Back To Back Bank Guarantee?

1. Schedule 1 - Form of Demand: Standard format for making a demand under the guarantee

2. Schedule 2 - Fee Schedule: Details of all applicable fees, charges, and commission

3. Schedule 3 - Required Documents: List of documents required for guarantee activation and claims

4. Schedule 4 - Communication Details: Contact information and authorized representatives of all parties

5. Appendix A - Primary Guarantee Terms: Copy or key terms of the primary guarantee being backed

6. Appendix B - Compliance Certificates: Standard forms for periodic compliance certification if required

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

India

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Energy and Utilities

Telecommunications

Real Estate Development

Government and Public Sector

Mining and Resources

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Corporate Banking

Project Finance

Commercial Operations

Credit Administration

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Bank Relationship Manager

Credit Risk Officer

Legal Counsel

Compliance Officer

Project Finance Manager

Corporate Banking Officer

Financial Controller

Contract Manager

Business Development 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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