Bank Guarantee For Performance Security Template for Philippines

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Key Requirements PROMPT example:

Bank Guarantee For Performance Security

"I need a Bank Guarantee for Performance Security for a PHP 50 million construction project in Manila, where my company is the contractor, with the guarantee valid until March 2025 and including step-down provisions as construction milestones are achieved."

Document background
The Bank Guarantee For Performance Security is a fundamental document in Philippine commercial transactions, particularly in construction, procurement, and large-scale project implementations. It serves as a risk mitigation tool where a bank guarantees the performance obligations of a principal party (typically a contractor or supplier) to a beneficiary (usually a project owner or employer). The guarantee becomes callable upon the principal's default or non-performance of contractual obligations. This document type is regulated by the Bangko Sentral ng Pilipinas and must comply with Philippine banking laws and regulations. The guarantee typically specifies the maximum liability amount, validity period, conditions for claims, and payment terms. It's particularly crucial in government contracts where performance security is mandated by procurement laws, but it's also widely used in private commercial transactions throughout the Philippines.
Suggested Sections

1. Parties: Identifies the bank (Guarantor), the party requiring the guarantee (Principal), and the beneficiary of the guarantee (Beneficiary)

2. Background: States the context of the guarantee, referencing the underlying contract or agreement for which the performance security is being provided

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency

5. Scope of Guarantee: Details what performance or obligations are being guaranteed and the extent of the bank's liability

6. Duration and Validity: Specifies the effective date, expiry date, and any conditions affecting the guarantee's validity

7. Demand Requirements: Sets out the process and requirements for making a claim under the guarantee

8. Payment Terms: Specifies how and when payment will be made upon a valid demand

9. Bank's Rights and Obligations: Details the rights, obligations, and limitations of the guarantor bank

10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and establishes jurisdiction for disputes

11. Notices: Provides the method and addresses for serving notices under the guarantee

Optional Sections

1. Counter-Guarantee: Include when there is a counter-guarantee arrangement with another bank or financial institution

2. Assignment: Include when the guarantee needs to address whether rights under it can be assigned

3. Reduction Clause: Include when the guarantee amount can be progressively reduced based on contract performance

4. Force Majeure: Include when specific force majeure provisions need to be addressed

5. Language: Include when the guarantee might be issued in multiple languages

6. Anti-Money Laundering Compliance: Include when specific AML requirements need to be addressed

7. Multiple Beneficiaries: Include when there are multiple beneficiaries under the guarantee

Suggested Schedules

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

2. Underlying Contract Extract: Relevant excerpts from the underlying contract referring to the performance security requirement

3. Authority Documents: List of documents evidencing the authority of signatories

4. Performance Metrics: If applicable, specific performance metrics or milestones that trigger guarantee obligations

5. Bank's Standard Terms and Conditions: Standard terms and conditions of the issuing bank that apply to 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

Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Government and Public Sector

Real Estate Development

Manufacturing

Energy and Utilities

Telecommunications

Mining and Resources

Transportation and Logistics

Defense and Security

Relevant Teams

Legal

Finance

Treasury

Procurement

Risk Management

Compliance

Commercial Operations

Credit

Business Development

Project Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Finance Director

Chief Financial Officer

Treasury Manager

Bank Relationship Manager

Procurement Manager

Legal Counsel

Risk Manager

Commercial Director

Operations Director

Compliance Officer

Credit Risk Officer

Business Development Manager

Account Executive

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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