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Back To Back Bank Guarantee
"I need a Back to Back Bank Guarantee document where BDO Universal Bank (Philippines) will issue a guarantee of PHP 50 million to support a construction project, based on a counter-guarantee from HSBC Singapore, with the guarantee period running until March 15, 2025."
1. Parties: Identifies all parties involved: the Issuing Bank (First Bank), the Second Bank, and the Account Party
2. Background: Explains the context of the guarantee arrangement and the underlying transaction necessitating the guarantee
3. Definitions: Defines key terms used throughout the agreement, including technical banking terms and specific guarantee-related terminology
4. Scope of Guarantee: Details the exact nature and extent of the guarantee being provided
5. Amount and Currency: Specifies the maximum guarantee amount and the currency in which it is denominated
6. Duration and Validity: States the effective period of the guarantee and any conditions for extension or early termination
7. Conditions for Payment: Specifies the circumstances and conditions under which the guarantee can be called upon
8. Payment Procedure: Details the process for making claims and the timeline for payment
9. Counter-Indemnity: Outlines the counter-indemnity obligations between the banks
10. Bank's Rights and Obligations: Defines the rights and obligations of both banks under the guarantee
11. Fees and Charges: Specifies all applicable fees, charges, and commission structures
12. Governing Law and Jurisdiction: Establishes Philippine law as the governing law and specifies jurisdiction for disputes
1. Anti-Money Laundering Provisions: Additional provisions for compliance with AML regulations, required when dealing with high-risk transactions or jurisdictions
2. Foreign Exchange Provisions: Required when the guarantee involves foreign currency transactions
3. Step-In Rights: Optional provisions allowing the first bank to step into the shoes of the second bank in certain circumstances
4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee, if permitted
5. Force Majeure: Provisions dealing with unforeseen circumstances, particularly relevant in international transactions
6. Electronic Communications: Provisions for electronic submission of documents and communications, if agreed between parties
1. Schedule 1 - Form of Demand: Standard format for making a demand under the guarantee
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission rates
3. Schedule 3 - Authorized Signatories: List of authorized signatories for each bank with specimen signatures
4. Schedule 4 - Documentation Requirements: List of required documents for claims and other procedures
5. Appendix A - Original Guarantee Terms: Copy or terms of the original guarantee issued by the second bank
6. Appendix B - Compliance Requirements: Specific compliance requirements under Philippine banking regulations
Authors
Applicable Law
Banking Day
Beneficiary
BSP
Business Day
Claim Notice
Counter-Guarantee
Counter-Indemnity
Demand
Effective Date
Event of Default
Expiry Date
First Bank
Force Majeure Event
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Issuing Bank
Maximum Liability Amount
Original Guarantee
Payment Date
Philippine Peso
Regulatory Authority
Second Bank
Security Interest
Specified Currency
Supporting Documents
Ultimate Beneficiary
Underlying Transaction
Counter-Indemnity
Payment Terms
Representations and Warranties
Conditions Precedent
Fees and Commissions
Demand and Claims
Notice Requirements
Default
Remedies
Force Majeure
Confidentiality
Anti-Money Laundering
Assignment and Transfer
Amendment and Modification
Severability
Governing Law
Dispute Resolution
Notices
Entire Agreement
Term and Termination
Regulatory Compliance
Foreign Exchange
Set-Off Rights
Bank's Rights
Documentation Requirements
Electronic Communications
Stamp Duty and Taxes
Indemnification
Waiver
Banking and Financial Services
International Trade
Construction and Infrastructure
Manufacturing
Energy and Utilities
Import/Export
Real Estate Development
Telecommunications
Mining and Resources
Government and Public Sector
Legal
Compliance
Trade Finance
Credit Risk
Treasury
Banking Operations
Corporate Banking
International Banking
Financial Control
Risk Management
Documentary Credits
Project Finance
Trade Finance Manager
Bank Guarantee Officer
Legal Counsel
Compliance Officer
Credit Risk Manager
Treasury Manager
Banking Operations Director
Financial Controller
Relationship Manager
Documentary Credits Specialist
Senior Bank Officer
Project Finance Manager
Chief Risk Officer
International Banking Manager
Corporate Banking Head
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