Security Bank Guarantee Template for Philippines

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Key Requirements PROMPT example:

Security Bank Guarantee

"I need a Security Bank Guarantee document under Philippine law for a construction project, where ABC Bank will guarantee PHP 50 million to XYZ Development Corporation on behalf of my company, with the guarantee valid until March 15, 2025, and including provisions for staged reduction of the guarantee amount as construction milestones are met."

Document background
The Security Bank Guarantee is a crucial financial instrument in the Philippine business landscape, commonly used to secure various commercial and contractual obligations. This document is particularly essential when a party requires financial assurance from a reputable banking institution for performance obligations, tender participation, advance payments, or other commercial commitments. The guarantee, governed by Philippine law and regulated by the Bangko Sentral ng Pilipinas (BSP), must comply with the General Banking Law of 2000 and relevant BSP circulars. It typically includes specific details about the guaranteed amount, validity period, conditions for calling the guarantee, and payment terms. The Security Bank Guarantee serves as a risk mitigation tool, providing beneficiaries with a secure and immediate source of compensation if the principal defaults on their obligations, while ensuring all parties' rights and obligations are clearly defined under Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary

2. Background: Context of the guarantee, including details of the underlying transaction or obligation being guaranteed

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

4. Guarantee Amount: Specific amount of the guarantee and currency

5. Scope of Guarantee: Exact obligations covered by the guarantee and conditions under which it can be called

6. Duration and Validity: Term of the guarantee, including start date and expiry date

7. Demand Requirements: Procedure and conditions for making a claim under the guarantee

8. Payment Terms: Timeline and method for payment upon valid demand

9. Bank's Rights and Obligations: Detailed outline of the guarantor bank's responsibilities and rights

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

11. Notices: Communication procedures and contact details for all parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Counter-Indemnity: Terms of indemnification from the Principal to the Bank, used when specific indemnity arrangements are required

2. Assignment Restrictions: Provisions restricting or permitting assignment of rights under the guarantee, included when assignment needs to be specifically addressed

3. Multiple Beneficiaries: Additional provisions for cases involving more than one beneficiary

4. Reduction Clauses: Provisions for automatic reduction of guarantee amount over time, used in construction or staged project guarantees

5. Foreign Currency Provisions: Special provisions for guarantees involving foreign currency, required when not in Philippine Peso

6. Anti-Money Laundering Compliance: Specific AML provisions, required for high-value guarantees or when dealing with specific sectors

7. Force Majeure: Provisions dealing with extraordinary events, included when requested by parties or for long-term guarantees

Suggested Schedules

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

2. Schedule 2 - Underlying Contract Details: Summary or extract of the main contract being guaranteed

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

4. Schedule 4 - Bank's Standard Terms and Conditions: Standard terms and conditions applicable to all bank guarantees

5. Appendix A - Authorization Documents: Corporate authorizations and powers of attorney

6. Appendix B - Specimen Signatures: Authorized signatures for all parties

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 legal definitions
Relevant Industries

Banking and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Infrastructure Development

Energy and Utilities

Telecommunications

Government and Public Sector

Mining and Resources

Retail and Commercial

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Compliance

Corporate Banking

Trade Finance

Project Management

Commercial Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Risk Management Officer

Contract Manager

Procurement Manager

Legal Counsel

Corporate Banking Officer

Trade Finance Manager

Project Manager

Financial Controller

Compliance Officer

Credit Risk Officer

Commercial Director

Business Development 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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