Cash Backed Bank Guarantee for the United States

Cash Backed Bank Guarantee Template for United States

A Cash Backed Bank Guarantee is a financial instrument issued by a U.S. banking institution where the guarantee is secured by cash collateral provided by the applicant. This document establishes the terms under which the bank will issue payment to a beneficiary upon specified conditions being met, backed by cash deposited with the issuing bank. The guarantee is governed by U.S. federal banking regulations and state-specific banking laws, with particular attention to UCC Articles 5 and 9.

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What is a Cash Backed Bank Guarantee?

Cash Backed Bank Guarantees are commonly used in commercial transactions where parties seek a secure, risk-free financial instrument. The document outlines the terms under which the bank will honor the guarantee, supported by cash collateral deposited by the applicant. This arrangement provides the beneficiary with a highly secure form of financial assurance, as the guarantee is fully backed by liquid assets. The document must comply with U.S. banking regulations, including federal reserve requirements and state-specific banking laws.

What sections should be included in a Cash Backed Bank Guarantee?

1. Parties: Identification of the bank, applicant, and beneficiary

2. Background: Context of the guarantee and underlying transaction

3. Definitions: Key terms used throughout the guarantee

4. Guarantee Amount: Specific amount being guaranteed and currency specifications

5. Cash Coverage: Details of cash collateral arrangement including deposit requirements

6. Term: Duration and expiry of the guarantee, including any extension provisions

7. Demand Conditions: Conditions under which the guarantee can be called and claim procedures

What sections are optional to include in a Cash Backed Bank Guarantee?

1. Governing Law: Specific jurisdiction laws and choice of forum for dispute resolution

2. Assignment Provisions: Terms and conditions for transferring rights under the guarantee

3. Force Majeure: Provisions for circumstances beyond parties' control affecting the guarantee

What schedules should be included in a Cash Backed Bank Guarantee?

1. Form of Demand: Standard template for making claims under the guarantee

2. Cash Collateral Agreement: Detailed terms of the cash backing arrangement and security interest

3. Specimen Signatures: Authorized signatories for all parties involved in the guarantee

4. Fee Schedule: Comprehensive list of banking fees and charges applicable 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction

Real Estate

Manufacturing

Relevant Teams

Treasury

Finance

Legal

Commercial

Risk Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Risk Manager

Commercial Director

Industries

Uniform Commercial Code (UCC): Key articles include Article 5 governing Letters of Credit and Article 9 covering Secured Transactions, which are fundamental for bank guarantees and the associated security interests

Federal Banking Regulations: Including Federal Reserve Regulation H (Bank Secrecy Act compliance), 12 CFR Part 7 (National Bank Operations), and Federal Deposit Insurance Act requirements for bank guarantee operations

State Banking Laws: State-specific banking regulations and security interest laws that govern bank operations and secured transactions within individual states

Anti-Money Laundering Regulations: Bank Secrecy Act (BSA) and USA PATRIOT Act requirements ensuring compliance with anti-money laundering and counter-terrorist financing measures

International Banking Standards: Basel Committee Guidelines and International Chamber of Commerce (ICC) Uniform Rules for Demand Guarantees, particularly relevant for international transactions

Securities Laws: Securities Act of 1933 and Securities Exchange Act of 1934, which may apply if the bank guarantee has characteristics of a security

Consumer Protection Laws: Truth in Lending Act and Consumer Financial Protection Bureau regulations, applicable when bank guarantees involve consumer transactions

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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