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Bank Guarantee Transferable for Austria

Bank Guarantee Transferable Template for Austria

A transferable bank guarantee under Austrian law is a financial instrument where a bank (guarantor) provides an irrevocable commitment to pay a specified sum to a beneficiary, with the unique feature that the beneficiary can transfer their rights to another party. The document is governed by Austrian law, specifically the Austrian Civil Code (ABGB) and Banking Act (BWG), and incorporates international banking practices. It includes detailed provisions for transfer mechanisms, demand requirements, and payment conditions, making it particularly useful in international trade and complex commercial transactions where the guarantee rights may need to be assigned to different parties.

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What is a Bank Guarantee Transferable?

The Bank Guarantee Transferable is a specialized financial instrument used when parties require a bank's guarantee of payment that can be transferred to different beneficiaries. This document type is particularly relevant in situations involving international trade, project financing, or complex commercial transactions under Austrian law. The guarantee provides security to the beneficiary while offering flexibility through its transferability feature. The document must comply with Austrian banking regulations, including the Austrian Banking Act (BWG) and Civil Code (ABGB), while often incorporating international banking practices such as the ICC Uniform Rules for Demand Guarantees. It includes essential elements such as the guarantee amount, validity period, transfer mechanisms, and specific conditions for making demands, making it a crucial tool for businesses engaging in significant commercial transactions where the ability to transfer the guarantee rights is important.

What sections should be included in a Bank Guarantee Transferable?

1. Parties: Identification of the Guarantor Bank, the Principal (Applicant), and the initial Beneficiary

2. Background: Context of the guarantee, including the underlying transaction or relationship

3. Definitions: Key terms used in the guarantee, including specific banking and legal terminology

4. Guarantee Amount and Currency: Specification of the maximum guarantee amount and currency

5. Effective Date and Validity: Terms of when the guarantee becomes effective and its expiry date

6. Transfer Provisions: Detailed mechanisms and conditions for transferring the guarantee to new beneficiaries

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

8. Payment Terms: Conditions and timing of payment upon valid demand

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction details

10. Notices: Communication procedures and contact details for all parties

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

1. Counter-Guarantee Provisions: Required when there is a counter-guarantee arrangement with another bank

2. Multiple Beneficiary Provisions: Needed when the guarantee may be transferred to multiple beneficiaries simultaneously

3. Partial Transfer Provisions: Include when partial transfers of the guarantee amount are permitted

4. Special Conditions: Any specific conditions required by the parties or the underlying transaction

5. Force Majeure: Specific provisions for extraordinary circumstances affecting the guarantee

6. Electronic Presentation: Terms for electronic submission of transfer requests or demands

7. Anti-Money Laundering Provisions: Additional compliance requirements for transfers and payments

What schedules should be included in a Bank Guarantee Transferable?

1. Schedule 1 - Form of Transfer Request: Standard format for requesting transfer of the guarantee

2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee

3. Schedule 3 - Required Transfer Documentation: List of documents required for executing a transfer

4. Schedule 4 - Authorized Signatories: List of persons authorized to execute transfers or make demands

5. Appendix A - Underlying Contract Reference: Details of the underlying contract or transaction

6. Appendix B - Fee Schedule: Schedule of fees applicable to transfers and demands

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Manufacturing

Energy and Utilities

Real Estate

Telecommunications

Shipping and Logistics

Import/Export

Defense and Government Contracts

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial Operations

Project Finance

International Business

Credit Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Finance Director

Commercial Director

Legal Counsel

Banking Relationship Manager

Risk Manager

Contract Manager

Project Finance Manager

International Trade Manager

Compliance Officer

Credit 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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