The Bank Guarantee Lost Original document is a crucial instrument in South African banking practice, used when an original bank guarantee cannot be located or has been destroyed. This document becomes necessary in various business scenarios where the original guarantee is required but unavailable, such as project completions, contract fulfillments, or tender submissions. It serves multiple purposes: officially declaring the loss of the original guarantee, providing indemnity to the bank, and establishing a legal basis for issuing a replacement or cancellation. The document must comply with South African banking regulations and typically includes affidavits, searches conducted, and comprehensive details of the original guarantee. It's particularly important as bank guarantees represent significant financial commitments, and their loss or replacement must be handled with appropriate legal and procedural safeguards.
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1. Bank Details and Reference: Full details of the issuing bank, including branch, reference numbers, and contact information
2. Customer Details: Complete information about the customer who lost the original guarantee, including account details and contact information
3. Original Guarantee Details: Specific details of the lost bank guarantee including guarantee number, date of issue, amount, beneficiary details, and purpose
4. Declaration of Loss: Formal declaration stating the circumstances under which the original guarantee was lost or destroyed
5. Search Confirmation: Statement confirming that reasonable searches have been conducted and the document cannot be found
6. Indemnity: Customer's undertaking to indemnify the bank against any claims or losses arising from the lost guarantee
7. Replacement Request: Formal request for the issuance of a replacement guarantee or confirmation letter
8. Original Invalidation: Statement declaring the original guarantee null and void if found
1. Police Report Reference: Include when a police report has been filed for the lost document
2. Beneficiary Acknowledgment: Include when the beneficiary has been notified and acknowledged the loss of the original guarantee
3. Additional Security Measures: Include when additional security measures or conditions are required for the replacement
4. Media Advertisement: Include when public notification of the lost guarantee in media is required
5. Third Party Claims Procedure: Include when specific procedures for handling potential third-party claims need to be detailed
1. Affidavit of Loss: Sworn affidavit detailing the circumstances of loss and search efforts
2. Original Guarantee Copy: Copy of the lost guarantee if available (marked as copy)
3. Supporting Documents: Relevant supporting documents such as ID, authority to act, etc.
4. Indemnity Bond: Detailed indemnity agreement protecting the bank's interests
5. Search Evidence: Documentation of attempts made to locate the original guarantee
Relevant legal definitions
Original Guarantee
Lost Instrument
Bank
Branch
Account Holder
Customer
Beneficiary
Guarantee Amount
Effective Date
Expiry Date
Guarantee Reference Number
Replacement Guarantee
Indemnity
Declaration
Supporting Documents
Search Period
Notice
Business Day
Applicable Law
Commissioner of Oaths
Authorised Representative
Valid Claim
Material Adverse Change
Force Majeure
Governing Law
Original Instrument
Security Interest
Undertaking
Liability
Lost Instrument
Bank
Branch
Account Holder
Customer
Beneficiary
Guarantee Amount
Effective Date
Expiry Date
Guarantee Reference Number
Replacement Guarantee
Indemnity
Declaration
Supporting Documents
Search Period
Notice
Business Day
Applicable Law
Commissioner of Oaths
Authorised Representative
Valid Claim
Material Adverse Change
Force Majeure
Governing Law
Original Instrument
Security Interest
Undertaking
Liability
Clauses
Declarations
Representations and Warranties
Indemnification
Loss Details
Search Undertaking
Replacement Process
Bank's Rights
Customer Obligations
Notice Requirements
Supporting Documentation
Governing Law
Jurisdiction
Authentication
Warranties
Costs and Expenses
Dispute Resolution
Severability
Entire Agreement
Counterparts
Confidentiality
Force Majeure
Assignment
Third Party Rights
Liability
Termination
Representations and Warranties
Indemnification
Loss Details
Search Undertaking
Replacement Process
Bank's Rights
Customer Obligations
Notice Requirements
Supporting Documentation
Governing Law
Jurisdiction
Authentication
Warranties
Costs and Expenses
Dispute Resolution
Severability
Entire Agreement
Counterparts
Confidentiality
Force Majeure
Assignment
Third Party Rights
Liability
Termination
Relevant Industries
Banking and Financial Services
Construction and Infrastructure
Real Estate Development
International Trade
Manufacturing
Mining and Resources
Retail and Commercial
Government and Public Sector
Insurance
Transport and Logistics
Relevant Teams
Legal
Compliance
Risk Management
Treasury
Operations
Credit
Customer Relations
Documentary Credits
Corporate Banking
Trade Finance
Relevant Roles
Bank Manager
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Financial Director
Company Secretary
Contract Manager
Project Manager
Commercial Manager
Operations Manager
Credit Manager
Relationship Manager
Documentary Credits Specialist
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