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Financial Guarantee And Performance Guarantee Template for Saudi Arabia

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Key Requirements PROMPT example:

Financial Guarantee And Performance Guarantee

"I need a Financial Guarantee and Performance Guarantee document for a construction project in Riyadh, where ABC Bank will guarantee both payment obligations of SAR 5 million and performance obligations of XYZ Construction Company for a government infrastructure project commencing March 2025."

Document background
The Financial Guarantee And Performance Guarantee is a critical document in Saudi Arabian business transactions, particularly in large-scale projects and commercial contracts. It serves as a risk mitigation tool by providing dual protection: securing financial obligations and ensuring performance standards. This document is essential when a party requires assurance of both payment and performance from another party, common in construction projects, government contracts, and major commercial transactions. The guarantee must comply with Islamic Shariah principles, Saudi banking regulations, and the requirements of the Saudi Central Bank (SAMA). It's typically issued by banks or financial institutions and can be called upon in cases of default in either financial payments or performance obligations. The document's structure accommodates the unique aspects of Saudi Arabian law while providing internationally recognized security mechanisms.
Suggested Sections

1. Parties: Identification of Guarantor, Principal Obligor, and Beneficiary with full legal names and addresses

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Obligations', 'Guarantee Period', and 'Demand Notice'

4. Guarantee and Indemnity: Core guarantee provisions, including scope and nature of guaranteed obligations

5. Scope of Financial Guarantee: Specific financial obligations covered, maximum liability amount, and currency

6. Scope of Performance Guarantee: Performance obligations covered, standards of performance, and completion criteria

7. Demand Requirements: Process and formalities for making a valid demand under the guarantee

8. Payment Terms: Timeline and mechanism for payment upon valid demand, ensuring Shariah compliance

9. Duration and Expiry: Term of the guarantee, conditions for extension, and expiry provisions

10. Representations and Warranties: Statements of fact and assurances from the guarantor

11. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction of Saudi courts

Optional Sections

1. Counter Indemnity: Terms for reimbursement by the Principal Obligor to the Guarantor, used when the guarantee is issued by a bank

2. Assignment and Transfer: Provisions regarding transfer of guarantee rights, included when transfer is contemplated

3. Multiple Guarantors: Additional provisions for cases with more than one guarantor

4. Step-In Rights: Provisions allowing guarantor to take over performance, relevant for performance guarantees

5. Security Provisions: Details of any collateral securing the guarantee obligations

6. Currency Provisions: Required for cross-border transactions involving multiple currencies

7. Force Majeure: Provisions for unforeseen circumstances affecting performance obligations

Suggested Schedules

1. Form of Demand: Template for making a valid demand under the guarantee

2. Underlying Contract Summary: Key terms of the primary contract being guaranteed

3. Performance Criteria: Detailed specifications of required performance standards

4. Authorization Documents: Corporate and regulatory approvals for the guarantee

5. Payment Schedule: Schedule of any installment payments or financial obligations

6. Contact Details: List of authorized representatives and notice recipients

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








































Clauses






























Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Energy and Utilities

Manufacturing

Real Estate Development

Government and Public Sector

Oil and Gas

Telecommunications

Mining and Resources

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Management

Operations

Commercial

Corporate Banking

Business Development

Relevant Roles

Chief Financial Officer

Legal Counsel

Project Manager

Contract Manager

Risk Manager

Treasury Manager

Corporate Finance Director

Compliance Officer

Business Development Director

Operations Director

Commercial Director

Banking Relationship Manager

Chief Legal Officer

Project Finance 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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