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Bank Counter Guarantee Template for Saudi Arabia

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Key Requirements PROMPT example:

Bank Counter Guarantee

"I need a Bank Counter Guarantee document for SAR 5 million to be issued by Saudi National Bank in favor of Emirates NBD, supporting a construction project guarantee in Dubai, with an expiry date of March 15, 2025, and including electronic presentation provisions."

Document background
Bank Counter Guarantees are essential instruments in Saudi Arabian banking and commercial transactions, particularly in international trade and large-scale projects. This document type is specifically used when a bank in Saudi Arabia needs to provide or receive backing from another bank to support a primary guarantee issued to an end beneficiary. The Bank Counter Guarantee must comply with Saudi Arabian law, SAMA regulations, and Sharia principles, making it distinct from conventional counter-guarantees used in other jurisdictions. It typically includes detailed provisions for demand mechanisms, payment terms, and enforcement procedures, while ensuring compliance with local banking regulations and practices. The document is particularly crucial in cross-border transactions where Saudi Arabian entities require or provide guarantees through the banking system.
Suggested Sections

1. Parties: Identification of the Counter-Guarantor Bank, the Primary Bank (beneficiary of counter-guarantee), and reference to the Principal (customer)

2. Background: Context of the transaction, reference to the primary guarantee, and the underlying commercial relationship

3. Definitions: Key terms including 'Primary Guarantee', 'Counter-Guarantee Amount', 'Expiry Date', and other relevant banking and legal terms

4. Counter-Guarantee Undertaking: Core obligation of the Counter-Guarantor Bank to reimburse the Primary Bank

5. Amount and Currency: Specification of the counter-guarantee amount, currency, and any automatic reduction provisions

6. Duration and Expiry: Term of the counter-guarantee, expiry conditions, and any extension mechanisms

7. Demand Requirements: Formal requirements for making a valid demand under the counter-guarantee

8. Payment Terms: Timeline and process for payment upon receipt of a compliant demand

9. Governing Law and Jurisdiction: Specification of Saudi law as governing law and relevant jurisdiction provisions

Optional Sections

1. Reduction Provisions: Include when the counter-guarantee amount may reduce over time based on specific events or timeline

2. Transfer and Assignment: Include when transfer rights need to be specifically addressed or prohibited

3. Counter-Indemnity: Include when additional indemnity from the principal is being documented in the same instrument

4. Electronic Presentation: Include when electronic demands and communications are to be permitted

5. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice

6. Language Precedence: Include when the document is bilingual (Arabic/English) to establish which version prevails

Suggested Schedules

1. Form of Demand: Prescribed format for making a demand under the counter-guarantee

2. Copy of Primary Guarantee: Attached copy of the primary guarantee to which this counter-guarantee relates

3. Payment Instructions: Detailed banking coordinates and payment procedures

4. Authentication Procedures: Specific requirements for authenticating demands and communications

5. Authorized Signatories: List of authorized signatories and specimen signatures if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Banking and Financial Services

Construction

International Trade

Infrastructure Development

Oil and Gas

Manufacturing

Government and Public Sector

Real Estate Development

Telecommunications

Defense Contracting

Relevant Teams

Legal

Trade Finance

Corporate Banking

Risk Management

Compliance

Treasury Operations

International Banking

Credit Administration

Sharia Advisory

Document Control

Relevant Roles

Trade Finance Manager

Legal Counsel

Banking Operations Director

Credit Risk Officer

Relationship Manager

Compliance Officer

Treasury Manager

Documentary Credits Specialist

Chief Financial Officer

Banking Products Manager

Senior Credit Analyst

International Banking Officer

Sharia Compliance Officer

Corporate Banking 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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