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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."
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
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
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
Banking and Financial Services
Construction
International Trade
Infrastructure Development
Oil and Gas
Manufacturing
Government and Public Sector
Real Estate Development
Telecommunications
Defense Contracting
Legal
Trade Finance
Corporate Banking
Risk Management
Compliance
Treasury Operations
International Banking
Credit Administration
Sharia Advisory
Document Control
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
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