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Deposit Guarantee
"I need a Deposit Guarantee agreement under Philippine law where ABC Bank will guarantee corporate deposits up to PHP 500 million held by XYZ Bank, with the guarantee period starting March 1, 2025, including specific provisions for cross-border transactions as the depositor is a multinational corporation."
1. Parties: Identification of the guarantor, the beneficiary (typically a bank or financial institution), and the principal debtor
2. Background: Context of the guarantee, relationship between parties, and purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Deposits', 'Guarantee Period', 'Trigger Events'
4. Scope of Guarantee: Detailed description of the deposits covered by the guarantee and any limitations
5. Amount of Guarantee: Maximum liability of the guarantor and calculation methodology
6. Duration and Validity: Term of the guarantee, effective date, and expiry conditions
7. Guarantor's Obligations: Primary obligations, payment terms, and conditions for guarantee activation
8. Claims Procedure: Process for making claims under the guarantee, including notice requirements and timeline
9. Representations and Warranties: Standard declarations by all parties regarding capacity and authority
10. Regulatory Compliance: Compliance with Philippine banking laws and regulatory requirements
11. Events of Default: Circumstances that trigger the guarantee and consequences
12. Termination: Conditions for early termination and consequences
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
14. Notices: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including amendments, assignment, and severability
1. Multiple Guarantors: Additional provisions when there is more than one guarantor, including joint and several liability
2. Counter-Indemnity: Terms for reimbursement of the guarantor by the principal debtor
3. Security Provisions: When additional security is provided to support the guarantee
4. Foreign Currency Provisions: Required when deposits are in foreign currency or cross-border elements exist
5. Step-In Rights: Rights of the guarantor to take over certain aspects of the principal debtor's operations in specific circumstances
6. Tax Provisions: Specific tax-related provisions when guarantee payments may have tax implications
7. Regulatory Reporting: Additional reporting requirements if required by Philippine regulators
1. Schedule 1 - Guaranteed Deposits: Detailed list and specifications of the deposits covered by the guarantee
2. Schedule 2 - Claim Forms: Standard forms and documentation required for making claims under the guarantee
3. Schedule 3 - Fee Schedule: Details of any fees, charges, or premium payments related to the guarantee
4. Schedule 4 - Reporting Requirements: Templates and timing for regular reporting between parties
5. Schedule 5 - Compliance Documents: List of required regulatory compliance documents and certificates
6. Appendix A - Contact Details: Contact information for all relevant parties and authorized representatives
7. Appendix B - Power of Attorney: If applicable, power of attorney documents authorizing signatories
Authors
Applicable Law
Banking Day
Beneficiary
Business Day
Claim
Claim Notice
Competent Authority
Deposit
Deposit Account
Deposit Amount
Default Event
Effective Date
Enforcement Action
Event of Default
Expiry Date
Guarantee
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guaranteed Deposits
Guarantor
Indemnified Party
Interest Rate
Loss
Material Adverse Effect
Maximum Liability
Notice
Parties
Payment Date
Philippine Peso
Principal Debtor
Regulatory Authority
Relevant Documents
Security
Secured Obligations
Trigger Event
Underlying Agreement
Valid Claim
BSP
PDIC
Regulatory Requirement
Security Interest
Subsidiary
Taxes
Term
Outstanding Amount
Permitted Security Interest
Related Party
Secured Party
Settlement Date
Specified Currency
Payment Obligations
Regulatory Compliance
Representations and Warranties
Duration
Termination
Default
Claims Procedure
Notice Requirements
Indemnification
Assignment
Confidentiality
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Amendment
Waiver
Severability
Entire Agreement
Counterparts
Further Assurance
Anti-Money Laundering
Security Interest
Set-Off Rights
Currency Provisions
Tax
Costs and Expenses
Recording and Monitoring
Limitation of Liability
Third Party Rights
Authority and Capacity
Regulatory Reporting
Information Rights
Compliance with Laws
Events of Default
Remedies
Survival
Priority of Payments
Communications
Multiple Guarantors
Banking
Financial Services
Insurance
Investment Management
Corporate Treasury
Public Sector Banking
Retail Banking
Commercial Banking
Asset Management
Financial Technology
Legal
Compliance
Risk Management
Treasury
Corporate Banking
Regulatory Affairs
Operations
Finance
Credit Risk
Transaction Banking
Chief Financial Officer
Treasury Manager
Risk Management Officer
Compliance Officer
Legal Counsel
Banking Operations Manager
Corporate Banking Director
Financial Controller
Regulatory Affairs Manager
Credit Risk Manager
Relationship Manager
Transaction Banking Manager
Deputy General Manager - Operations
Head of Corporate Banking
Chief Risk Officer
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