Bank Guarantee Discharge Letter for the United States

Bank Guarantee Discharge Letter Template for United States

A Bank Guarantee Discharge Letter is a formal document used in the United States banking system to release and terminate the obligations under an existing bank guarantee. It serves as legal evidence that the beneficiary has agreed to release the bank from its obligations under the guarantee, effectively terminating the bank's liability. The document must comply with federal banking regulations, state-specific banking laws, and the Uniform Commercial Code.

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What is a Bank Guarantee Discharge Letter?

A Bank Guarantee Discharge Letter is essential when parties wish to formally terminate a bank guarantee before its natural expiry date or after fulfillment of the underlying obligations. This document is commonly used in the United States when the purpose of the original guarantee has been satisfied, when parties mutually agree to terminate the guarantee, or when the underlying transaction has been completed. The letter must comply with US banking regulations and typically includes specific reference to the original guarantee, clear discharge language, and effective date of release.

What sections should be included in a Bank Guarantee Discharge Letter?

1. Bank Details: Full details of the issuing bank and branch including name, address, and relevant reference numbers

2. Original Guarantee Reference: Complete details of the original bank guarantee including reference number, date of issuance, and amount

3. Beneficiary Details: Full details of the beneficiary of the original guarantee including name, address, and contact information

4. Discharge Declaration: Clear and unambiguous statement declaring the discharge and release of the bank guarantee obligations

5. Effective Date: Specific date from which the discharge takes effect and termination of bank's obligations

What sections are optional to include in a Bank Guarantee Discharge Letter?

1. Partial Discharge: Required when only a portion of the guarantee amount is being discharged, specifying the exact amount being released

2. Claims Status: Statement confirming whether there are any pending claims or all claims have been settled under the guarantee

3. Return of Original Documents: Confirmation regarding the return or cancellation of original guarantee documents

What schedules should be included in a Bank Guarantee Discharge Letter?

1. Original Bank Guarantee: Copy of the original bank guarantee document being discharged

2. Authorization Letter: Letter confirming authority of the signatory if discharge is being executed by an authorized representative

3. Settlement Confirmation: Documentation confirming settlement of obligations if discharge is pursuant to a settlement agreement

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Construction

International Trade

Real Estate

Relevant Teams

Treasury

Finance

Legal

Compliance

Relevant Roles

Chief Financial Officer

Treasury Manager

Banking Relationship Manager

Finance Director

Industries

UCC Article 5: Letters of Credit provisions under the Uniform Commercial Code, governing the issuance and termination of letters of credit and bank guarantees

UCC Article 3: Negotiable Instruments provisions under the Uniform Commercial Code, relevant for banking instruments and their discharge

UCC Article 9: Secured Transactions provisions under the Uniform Commercial Code, pertinent to security interests and their release

Federal Reserve Regulations: Federal banking regulations governing bank operations and guarantee procedures in the United States

OCC Guidelines: Office of the Comptroller of the Currency guidelines for national banks regarding guarantee operations and discharge procedures

FDIC Requirements: Federal Deposit Insurance Corporation requirements affecting bank guarantee operations and their termination

State Banking Laws: Individual state-specific banking codes and regulations governing bank operations within state jurisdictions

State Commercial Codes: State-specific commercial codes that may affect bank guarantee operations and discharge procedures

State Contract Laws: Laws governing contract formation, discharge, and release of obligations specific to each state

Common Law Principles: Established legal principles regarding contract termination and discharge of obligations

UCP 600: Uniform Customs and Practice for Documentary Credits - international banking rules often referenced in US banking practices

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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