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Revolving Bank Guarantee for Austria

Revolving Bank Guarantee Template for Austria

A Revolving Bank Guarantee under Austrian law is a financial instrument where a bank commits to guarantee payment or performance obligations of the principal up to a specified maximum amount, with the distinctive feature that the guarantee amount automatically reinstates after each claim, subject to agreed conditions. This document, governed by Austrian law including the ABGB (Austrian Civil Code) and BWG (Banking Act), establishes the terms of the guarantee, including the revolving mechanism, demand procedures, and reinstatement conditions. It provides crucial security for ongoing commercial relationships while offering flexibility through its renewable nature.

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What is a Revolving Bank Guarantee?

The Revolving Bank Guarantee is a sophisticated financial instrument used in commercial transactions where ongoing security is required for repeated or continuous obligations. This document type is particularly valuable in long-term commercial relationships, such as supply contracts, construction projects, or recurring service arrangements. Under Austrian jurisdiction, it combines elements of traditional bank guarantees with an automatic reinstatement mechanism, allowing the guarantee amount to be restored after each claim, subject to specified conditions. The document must comply with Austrian banking regulations and commercial law, particularly the Banking Act (BWG) and Civil Code (ABGB). It includes detailed provisions for the revolving mechanism, claim procedures, and bank's obligations, making it suitable for businesses requiring flexible, renewable security arrangements while maintaining strict regulatory compliance.

What sections should be included in a Revolving Bank Guarantee?

1. Parties: Identification of the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary

2. Background: Context of the guarantee, including the underlying commercial relationship between Principal and Beneficiary

3. Definitions: Key terms including 'Guarantee Amount', 'Revolving Mechanism', 'Reinstatement Conditions', 'Validity Period'

4. Guarantee Amount and Scope: Maximum guarantee amount, nature of obligations covered, and revolving mechanism details

5. Term and Validity: Duration of the guarantee, conditions for extension, and expiry provisions

6. Revolving Mechanism: Detailed explanation of how the guarantee amount reinstates, trigger events, and reinstatement conditions

7. Demand Requirements: Process and formal requirements for making a demand under the guarantee

8. Payment Terms: Timeline for payment upon demand, payment method, and currency provisions

9. Bank's Rights and Obligations: Scope of bank's obligations, examination rights, and payment conditions

10. Principal's Obligations: Counter-indemnity obligations, fee payments, and provision of information

11. Reduction and Release: Conditions for reduction of guarantee amount and release of bank's obligations

12. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions

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

1. Multiple Beneficiaries: Required when the guarantee has more than one beneficiary, detailing their rights and relationships

2. Foreign Law Components: Needed when the underlying transaction involves foreign law elements

3. Transfer and Assignment: Include when transfer of beneficiary rights is to be permitted

4. Electronic Demands: Include when electronic submission of demands will be permitted

5. Sanctions Compliance: Required for international transactions to ensure compliance with sanctions regulations

6. Force Majeure: Optional provisions for extraordinary events affecting the guarantee operation

7. Language Provisions: Required when the guarantee may be issued in multiple languages

What schedules should be included in a Revolving Bank Guarantee?

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

2. Fee Schedule: Details of fees, charges, and payment arrangements

3. Reinstatement Notice Template: Standard form for notifying reinstatement of guarantee amount

4. Authorized Signatories: List of persons authorized to make demands or give notices

5. Underlying Contract Summary: Key details of the commercial relationship being guaranteed

6. Communication Procedures: Detailed procedures for all formal communications under the guarantee

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 Development

Telecommunications

Mining and Resources

Retail and Distribution

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Credit

Trade Finance

Corporate Banking

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Commercial Director

Risk Manager

Trade Finance Manager

Corporate Banking Officer

Compliance Officer

Credit Risk Officer

Contract Manager

Business Development Director

Financial Controller

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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