Bank Guarantee Against Fd for India

Bank Guarantee Against Fd Template for India

A Bank Guarantee Against Fixed Deposit is a financial instrument issued under Indian banking law where a bank provides a guarantee to a beneficiary based on a fixed deposit held by the guarantor. The document, governed by Indian law and RBI regulations, creates a three-party relationship where the bank commits to pay a specified sum to the beneficiary upon demand, secured by the guarantor's fixed deposit. This instrument is commonly used in business transactions, tender participation, and project contracts where financial security is required, providing a robust mechanism for risk mitigation while complying with Indian banking and contract law requirements.

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What is a Bank Guarantee Against Fd?

The Bank Guarantee Against FD is a crucial financial instrument in the Indian banking system, commonly used when businesses or individuals need to provide financial security to third parties without liquidating their fixed deposits. This document type is essential for various commercial transactions, including bid submissions, project tenders, and business contracts where performance security is required. The guarantee is issued by a bank in favor of a beneficiary, secured by a fixed deposit maintained by the guarantor with the issuing bank. The document must comply with the Reserve Bank of India's guidelines, the Banking Regulation Act, and other relevant Indian banking laws. It specifies the guarantee amount (typically a percentage of the fixed deposit value), validity period, conditions for invocation, and payment terms. This type of bank guarantee is preferred by many businesses as it offers a cost-effective way to provide financial security while earning interest on the underlying fixed deposit.

What sections should be included in a Bank Guarantee Against Fd?

1. Parties: Details of the Bank (issuer), the Fixed Deposit holder (guarantor), and the Beneficiary

2. Background: Context of the guarantee issuance, including the underlying transaction or obligation

3. Definitions: Key terms used in the guarantee document

4. Fixed Deposit Details: Specific information about the fixed deposit including account number, amount, tenure, and interest rate

5. Guarantee Amount: The amount of guarantee being provided against the fixed deposit

6. Term of Guarantee: Duration of the guarantee, including start date and expiry date

7. Bank's Obligations: Scope and extent of the bank's commitment under the guarantee

8. Conditions for Invocation: Circumstances and process under which the guarantee can be invoked

9. Payment Terms: Terms and conditions for payment upon invocation of the guarantee

10. Rights and Obligations: Rights and obligations of all parties involved

11. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

What sections are optional to include in a Bank Guarantee Against Fd?

1. Counter Guarantee: Additional guarantee provisions when required by the beneficiary or regulatory requirements

2. Assignment Clause: Include when the guarantee needs to be transferable

3. Auto-Renewal Clause: When the guarantee needs to be automatically renewed upon expiry

4. Multiple Beneficiaries: Additional provisions when there are multiple beneficiaries of the guarantee

5. Partial Claims: Provisions for allowing partial claims under the guarantee

6. Foreign Currency Provisions: Include when the guarantee involves foreign currency

7. Step-in Rights: Include when beneficiary requires right to claim the fixed deposit directly

What schedules should be included in a Bank Guarantee Against Fd?

1. Schedule A - Fixed Deposit Certificate: Copy or details of the fixed deposit certificate including account number, amount, and maturity date

2. Schedule B - Guarantee Terms: Detailed terms and conditions of the guarantee including specific obligations and requirements

3. Schedule C - Invocation Format: Format of the demand letter to be submitted for invoking the guarantee

4. Appendix 1 - KYC Documents: Copies of required KYC documents of all parties

5. Appendix 2 - Board Resolution: Corporate authorization documents if any party is a company

6. Appendix 3 - Fee Schedule: Details of bank charges, commission, and other applicable fees

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 Industries

Banking

Financial Services

Construction

Real Estate

Infrastructure

Manufacturing

International Trade

Government Contracts

Retail

Education

Healthcare

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Treasury

Risk Management

Corporate Banking

Credit Administration

Operations

Customer Service

Business Development

Procurement

Relevant Roles

Bank Manager

Credit Officer

Relationship Manager

Compliance Officer

Legal Counsel

Contract Manager

Treasury Manager

Chief Financial Officer

Finance Director

Risk Manager

Company Secretary

Business Development Manager

Project Manager

Procurement 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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