Revolving Bank Guarantee Template for Nigeria

A Revolving Bank Guarantee under Nigerian law is a financial instrument where a bank provides a continuous guarantee facility that automatically reinstates after each claim, up to a specified maximum amount. This document, governed by Nigerian banking regulations and the Banks and Other Financial Institutions Act (BOFIA) 2020, establishes the terms under which the bank will provide ongoing financial backing to the principal's obligations. It includes specific provisions for the revolving mechanism, claim procedures, compliance with Central Bank of Nigeria regulations, and requirements for both domestic and international transactions where applicable.

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What is a Revolving Bank Guarantee?

A Revolving Bank Guarantee is essential in the Nigerian business environment where ongoing financial assurance is required for continuous business operations. This document is typically used when a company needs to provide recurring financial security to its business partners or regulatory authorities, without the need to issue multiple separate guarantees. The guarantee automatically reinstates after each claim up to the maximum amount, making it particularly useful for recurring transactions or ongoing business relationships. The document must comply with Nigerian banking laws, including BOFIA 2020 and Central Bank of Nigeria regulations, and typically includes provisions for the guarantee mechanism, claim procedures, fees, and compliance requirements. It's commonly used in trade finance, construction projects, supply contracts, and government tenders where continuous security is required.

What sections should be included in a Revolving Bank Guarantee?

1. Parties: Identification of the Guarantor Bank, the Applicant (Principal), and the Beneficiary

2. Background: Context of the guarantee, underlying business relationship, and purpose of the guarantee

3. Definitions: Definitions of key terms including Guarantee Amount, Validity Period, Revolving Mechanism, and other relevant terms

4. Guarantee Amount and Scope: Specification of the maximum guarantee amount, revolving nature, and scope of the bank's undertaking

5. Duration and Renewal: Terms of the guarantee period, automatic renewal conditions, and expiry mechanisms

6. Revolving Mechanism: Detailed explanation of how the guarantee amount revolves, reinstatement conditions, and cycle periods

7. Demand and Payment Terms: Procedures for making demands under the guarantee, required documentation, and payment terms

8. Bank's Rights and Obligations: Scope of bank's obligations, examination rights, and payment conditions

9. Counter-Indemnity: Principal's obligations to indemnify the bank against claims and payments

10. Fees and Charges: Commission, fees, and other charges payable to the bank

11. Events of Default: Circumstances constituting default and their consequences

12. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction for disputes

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

1. Foreign Currency Provisions: Required when the guarantee involves foreign currency transactions, including exchange rate mechanisms and CBN compliance

2. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries, describing their rights and relationships

3. Step-In Rights: Optional provisions allowing the bank to step into the underlying contract in specific circumstances

4. Assignment and Transfer: Required when either party needs the right to assign or transfer their rights under the guarantee

5. Electronic Documentation: Optional section covering electronic submission of documents and digital authentication methods

6. Force Majeure: Optional provisions dealing with extraordinary events affecting the guarantee operations

What schedules should be included in a Revolving Bank Guarantee?

1. Schedule 1 - Form of Demand: Prescribed format for making demands under the guarantee

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

3. Schedule 3 - Supporting Documents: List of required supporting documents for guarantee activation and demands

4. Schedule 4 - Authorized Signatories: List of authorized signatories and specimen signatures

5. Appendix A - Underlying Contract Summary: Summary of the main contract or obligation being guaranteed

6. Appendix B - Compliance Checklist: Regulatory compliance requirements and confirmations

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

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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