Indirect Bank Guarantee for the United States

Indirect Bank Guarantee Template for United States

An Indirect Bank Guarantee is a financial instrument under U.S. banking law where a bank guarantees payment or performance on behalf of its client through an intermediary bank in another location. The guarantee involves four parties: the principal (account party), the beneficiary, the issuing bank, and the corresponding bank. This arrangement is particularly useful in international transactions where the beneficiary prefers to deal with a local bank in their jurisdiction.

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What is a Indirect Bank Guarantee?

The Indirect Bank Guarantee serves as a crucial financial instrument in international business transactions, regulated under U.S. banking laws and the Uniform Commercial Code. It is utilized when a direct guarantee relationship between the issuing bank and beneficiary is not practical or possible, typically due to geographical or jurisdictional constraints. The document outlines the terms, conditions, and obligations of all parties involved, including the guarantee amount, validity period, and claim procedures. This type of guarantee is particularly valuable in cross-border transactions where the beneficiary requires assurance from a local bank in their jurisdiction.

What sections should be included in a Indirect Bank Guarantee?

1. Parties: Details of the account party, beneficiary, issuing bank, and corresponding bank

2. Background: Context and purpose of the bank guarantee

3. Definitions: Key terms used throughout the guarantee document

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

5. Terms and Conditions: Core obligations and requirements of the guarantee including payment terms

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

7. Demand Procedure: Process and requirements for making claims under the guarantee

What sections are optional to include in a Indirect Bank Guarantee?

1. Counter Guarantee: Terms of counter-guarantee for arrangements involving multiple banks across jurisdictions

2. Assignment Provisions: Rules and procedures regarding transfer of guarantee rights and obligations

3. Force Majeure: Provisions for extraordinary events affecting guarantee obligations

What schedules should be included in a Indirect Bank Guarantee?

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

2. Fee Schedule: Comprehensive breakdown of all applicable fees and charges

3. Supporting Documents: List and formats of required documentation for guarantee activation

4. Communication Protocols: Detailed procedures for notifications and correspondence between 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant Industries

International Trade

Construction

Manufacturing

Infrastructure

Energy

Relevant Teams

Finance

Treasury

Legal

Commercial

Risk Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Risk Manager

Commercial Director

Industries

UCC Article 5: Uniform Commercial Code Article 5 governing Letters of Credit and similar instruments in U.S. commercial transactions

Federal Reserve Regulation H: Federal regulation governing bank guarantees and membership requirements for state-chartered banks in the Federal Reserve System

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law containing anti-money laundering provisions and requirements for financial institutions

Dodd-Frank Act: Comprehensive financial reform legislation affecting banking operations and consumer protection

OCC Regulations: Office of the Comptroller of the Currency regulations governing national banks and their operations

FDIC Requirements: Federal Deposit Insurance Corporation requirements for insured banks and their guarantee operations

Federal Reserve Guidelines: Federal Reserve Board guidelines specifically addressing bank guarantee practices and procedures

URDG 758: Uniform Rules for Demand Guarantees, ICC Publication No. 758, providing international standards for demand guarantees

ISP98: International Standby Practices (ISP98) providing rules for standby letters of credit and similar instruments

State Banking Regulations: Individual state-specific regulations governing banking operations and guarantees within state jurisdictions

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

KYC Regulations: Know Your Customer regulations requiring banks to verify customer identity and assess risk

AML Requirements: Anti-Money Laundering requirements mandating procedures to prevent and detect money laundering activities

OFAC Compliance: Office of Foreign Assets Control sanctions compliance requirements for international banking 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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