Performance Security Bank Guarantee Template for Philippines

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Key Requirements PROMPT example:

Performance Security Bank Guarantee

"I need a Performance Security Bank Guarantee for a government infrastructure project in Manila, with a guarantee amount of PHP 50 million, effective from March 1, 2025, for a 12-month duration, with quarterly reduction provisions based on project milestones."

Document background
The Performance Security Bank Guarantee is a crucial financial instrument in Philippine commercial transactions, particularly in construction, infrastructure, and government contracts. It serves as a risk mitigation tool where a bank guarantees the performance obligations of a contractor or supplier to the project owner. This document becomes necessary when a principal contract requires performance security, typically ranging from 5% to 10% of the contract value. The guarantee must comply with Philippine banking regulations, particularly those set by the Bangko Sentral ng Pilipinas (BSP), and follows specific formatting and content requirements established by Philippine commercial practice. It's commonly used in public procurement, large-scale private projects, and international contracts where Philippine entities are involved, providing beneficiaries with readily accessible financial security in case of contractor default.
Suggested Sections

1. Bank Details and Reference Number: Letterhead and unique reference number of the guaranteeing bank

2. Date: Date of issuance of the guarantee

3. Beneficiary Details: Full name and address of the party receiving the guarantee

4. Project Reference: Clear identification of the underlying project or contract being guaranteed

5. Guarantee Amount: The maximum amount of the guarantee expressed in both figures and words

6. Principal Obligation: Description of the primary contract or obligation being secured

7. Guarantee Terms: Specific conditions under which the guarantee becomes payable

8. Duration and Validity: Clear statement of the guarantee's effective date and expiry date

9. Demand Requirements: Procedure and requirements for making a claim under the guarantee

10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction

11. Authorized Signatures: Space for bank officials' signatures with their names and designations

Optional Sections

1. Counter-Guarantee Reference: Required when the guarantee is issued based on a counter-guarantee from another bank

2. Assignment Clause: Include when the beneficiary needs the right to assign the guarantee

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

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

5. Language Declaration: Required when the guarantee might be used internationally or when dual language versions exist

Suggested Schedules

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

2. Copy of Underlying Contract: Referenced but usually attached only if specifically required

3. Schedule of Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Reduction Schedule: If applicable, schedule showing the progressive reduction of the guarantee amount

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

Construction

Infrastructure Development

Real Estate

Energy

Manufacturing

Government Contracts

Public Works

Telecommunications

Mining

Transportation

Utilities

Defense Contracting

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Compliance

Project Management

Contract Administration

Banking Operations

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Bank Relationship Manager

Treasury Manager

Procurement Officer

Finance Director

Commercial Director

Risk Manager

Compliance Officer

Chief Financial Officer

Bank Officer

Project Director

Construction Manager

Bid Manager

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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