Original Bank Guarantee Template for India

A Bank Guarantee is a financial instrument issued by a bank in India, governed by Indian banking laws and regulations, particularly the Banking Regulation Act, 1949, and RBI guidelines. It represents an irrevocable commitment by the bank to pay a specified sum of money to the beneficiary upon demand or upon the occurrence of a specified event. The document serves as a risk mitigation tool, providing financial security to the beneficiary while facilitating business transactions. Under Indian jurisdiction, these guarantees are treated as contingent liabilities of the bank and are subject to strict regulatory oversight and standardized documentation requirements.

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What is a Original Bank Guarantee?

The Original Bank Guarantee is a crucial financial instrument in Indian business transactions, commonly used to secure contractual obligations, tender participations, and performance commitments. It serves as a three-party contract where a bank provides a written undertaking to pay a specified amount to a beneficiary if the applicant fails to fulfill certain obligations. Under Indian jurisdiction, these guarantees are governed by the Indian Contract Act, 1872, Banking Regulation Act, 1949, and specific RBI guidelines. The document typically includes details of all parties, the guaranteed amount, validity period, purpose, and conditions for invocation. Bank Guarantees are particularly vital in scenarios requiring financial security, such as government tenders, construction projects, or international trade transactions, where they provide risk mitigation and business confidence to the contracting parties.

What sections should be included in a Original Bank Guarantee?

1. Bank Details and Reference Number: Unique reference number of the guarantee and complete details of the issuing bank branch

2. Date and Place of Issue: Date and location where the bank guarantee is issued

3. Beneficiary Details: Complete name and address of the party in whose favor the guarantee is being issued

4. Applicant Details: Complete name and address of the party on whose behalf the guarantee is being issued

5. Recitals: Background of the underlying transaction and reason for issuing the guarantee

6. Guaranteed Amount: The maximum amount guaranteed, both in figures and words

7. Purpose of Guarantee: Specific purpose for which the guarantee is being issued

8. Validity Period: Start date and end date of the guarantee, including claim period if any

9. Terms of Invocation: Conditions under which the guarantee can be invoked and process for making a claim

10. Bank's Undertaking: The core guarantee statement and bank's commitment to pay

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

12. Claim Period: Period within which claims can be made after expiry of the guarantee

13. Authentication: Authorized signatures, stamp, and witness details

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

1. Auto-Extension Clause: Used when there's a possibility of extending the guarantee period automatically

2. Claim Reduction Clause: Included when the guaranteed amount can be reduced progressively based on certain milestones

3. Counter Guarantee Reference: Required when the guarantee is issued based on a counter guarantee from another bank

4. Transfer Restrictions: Specific clause prohibiting or allowing transfer of the guarantee

5. Multiple Beneficiary Clause: Used when there are multiple beneficiaries to the guarantee

6. Force Majeure Clause: Optional clause dealing with circumstances beyond control affecting the guarantee

What schedules should be included in a Original Bank Guarantee?

1. Schedule A - Underlying Contract Details: Details of the main contract or agreement for which the guarantee is being provided

2. Schedule B - Claim Format: Prescribed format for submitting claims under the guarantee

3. Schedule C - Communication Format: Format for official communications between parties

4. Appendix 1 - List of Authorized Signatories: Details of persons authorized to sign communications/claims under the guarantee

5. Appendix 2 - Special Conditions: Any special conditions or requirements specific to this guarantee

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
Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Manufacturing

Government and Public Sector

Real Estate

Energy and Utilities

Telecommunications

Mining and Resources

International Trade

Defense Contracting

Relevant Teams

Legal

Finance

Treasury

Procurement

Risk Management

Compliance

Banking Operations

Trade Finance

Credit Administration

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Manager

Treasury Manager

Bank Branch Manager

Credit Officer

Legal Counsel

Contract Manager

Procurement Manager

Risk Manager

Company Secretary

Business Development Manager

Project Manager

Compliance Officer

Banking Operations Manager

Trade Finance Specialist

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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