Back To Back Bank Guarantee for Malaysia

Back To Back Bank Guarantee Template for Malaysia

A Malaysian law-governed Back to Back Bank Guarantee is a specialized financial instrument where one bank (counter-guarantor) provides a guarantee to another bank (primary guarantor) to support the primary bank's guarantee to a beneficiary. This document, structured under Malaysian banking regulations and the Financial Services Act 2013, establishes the terms, conditions, and obligations between the participating banks, including payment triggers, validity periods, and enforcement mechanisms. It serves as a risk mitigation tool in complex commercial transactions, particularly in cross-border deals where local bank support is required.

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What is a Back To Back Bank Guarantee?

The Back to Back Bank Guarantee is a crucial financial instrument in Malaysian banking practice, typically employed when a local bank needs to support a guarantee issued by another bank, often in cross-border transactions. This arrangement is particularly common in international trade, infrastructure projects, and large commercial contracts where local banking support is required by regulatory or commercial considerations. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines, while also considering international banking practices such as the URDG 758. The guarantee specifies the relationships between banks, trigger events for payment, validity periods, and claim procedures, serving as a risk management tool that provides security to the beneficiary while establishing clear obligations between the participating banks.

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

1. Parties: Identification of all parties: Primary Guarantor Bank, Counter-Guarantor Bank, Applicant, and Beneficiary

2. Background: Context of the guarantee, including reference to the underlying transaction and primary guarantee

3. Definitions: Definitions of key terms used in the guarantee, including banking terms and technical references

4. Guarantee Amount and Currency: Specification of the guaranteed sum and currency of payment

5. Scope of Guarantee: Detailed description of the obligations being guaranteed and conditions for trigger

6. Duration and Validity: Term of the guarantee, including effective date, expiry date, and any auto-extension provisions

7. Demand Requirements: Procedures and requirements for making a valid demand under the guarantee

8. Payment Terms: Terms and conditions for payment, including timeline and method

9. Counter-Indemnity: Terms of counter-indemnity between the banks

10. Reduction and Release: Conditions and procedures for reduction or release of the guarantee

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details

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

1. Language Requirements: Required when the guarantee needs to be issued in multiple languages

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

3. Force Majeure: Optional section for addressing extraordinary circumstances affecting guarantee obligations

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

5. Sanctions Clause: Required for international transactions to address compliance with sanctions regulations

6. Step-in Rights: Include when there are specific rights for the guarantor to step into the underlying transaction

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

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

2. Specimen Signatures: Authorized signatures for all relevant parties

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

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

5. Supporting Documents: List and formats of required supporting documents for demands

6. Communication Protocols: Procedures and contact details for all formal communications under the 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

Malaysia

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

International Trade

Manufacturing

Energy and Utilities

Telecommunications

Real Estate Development

Mining and Resources

Oil and Gas

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Banking Operations

Trade Finance

Project Finance

Commercial Operations

Credit Control

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Bank Relationship Manager

Legal Counsel

Risk Manager

Project Finance Director

Corporate Finance Manager

Commercial Director

Compliance Officer

Banking Operations Manager

Credit Risk 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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