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Revolving Bank Guarantee for Australia

Revolving Bank Guarantee Template for Australia

A comprehensive legal agreement governed by Australian law that establishes a revolving bank guarantee facility between a financial institution and an applicant company. The document outlines the terms and conditions for issuing multiple bank guarantees within a predetermined facility limit, where the available amount automatically reinstates as existing guarantees expire or are released. It includes provisions for issuance, maintenance, reinstatement, security arrangements, and the rights and obligations of all parties involved, while ensuring compliance with Australian banking regulations and financial services laws.

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Revolving Bank Guarantee

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What is a Revolving Bank Guarantee?

The Revolving Bank Guarantee agreement is essential for businesses requiring ongoing access to bank guarantees for various commercial purposes, such as project tenders, lease obligations, or performance securities. This document, governed by Australian law and banking regulations, establishes a flexible facility that allows companies to obtain multiple guarantees up to an agreed limit, with the distinctive feature that the facility amount automatically reinstates as existing guarantees expire or are released. It details the mechanism for guarantee issuance, the revolving nature of the facility, security requirements, fee structures, and compliance obligations. The agreement is particularly valuable for companies engaged in multiple projects or requiring regular guarantee facilities, as it eliminates the need to negotiate separate arrangements for each guarantee while providing a streamlined process for ongoing guarantee requirements.

What sections should be included in a Revolving Bank Guarantee?

1. Parties: Identification of the bank (guarantor), the applicant, and the beneficiary/beneficiaries

2. Background: Context of the guarantee facility, including the underlying commercial relationship

3. Definitions and Interpretation: Key terms, interpretation rules, and calculation conventions

4. Facility Establishment: Terms of establishing the revolving guarantee facility, including facility limit and tenure

5. Issuance of Guarantees: Process and conditions for issuing individual guarantees under the facility

6. Revolving Nature: Mechanics of how the facility revolves, reinstatement provisions, and cycling periods

7. Fees and Charges: All applicable fees, charges, and commission structures

8. Payment and Reimbursement: Terms for payments under guarantees and reimbursement obligations

9. Security and Collateral: Security arrangements, collateral requirements, and maintenance obligations

10. Representations and Warranties: Standard and specific representations and warranties from the applicant

11. Covenants: Ongoing obligations and restrictions on the applicant

12. Events of Default: Circumstances constituting default and consequences

13. Bank's Rights and Obligations: Scope of bank's duties, discretions, and protections

14. Amendments and Variations: Process for modifying guarantee terms or facility conditions

15. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions

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

1. Multiple Currency Provisions: Include when the facility allows guarantees in multiple currencies

2. Multiple Beneficiary Provisions: Include when multiple beneficiaries are contemplated

3. Counter-Indemnity: Include when additional indemnifiers or guarantors are involved

4. Special Purpose Conditions: Include for specific types of guarantees (performance, financial, etc.)

5. Electronic Platform Terms: Include if an electronic platform is used for guarantee administration

6. Syndication Provisions: Include if the facility may be syndicated

7. Islamic Banking Provisions: Include if Shariah-compliant structure is required

What schedules should be included in a Revolving Bank Guarantee?

1. Commercial Terms Schedule: Facility limit, fees, minimum guarantee amounts, and other variable commercial terms

2. Form of Guarantee Request: Standard form for requesting issuance of individual guarantees

3. Form of Guarantee: Template(s) for the bank guarantee(s) to be issued

4. Security Details: List and details of security/collateral provided

5. Conditions Precedent: List of documents and conditions required before facility availability

6. Authorized Signatories: List of persons authorized to request guarantees and execute documents

7. Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

8. Acceptable Beneficiary Jurisdictions: List of jurisdictions where guarantees can be issued

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

Australia

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Mining and Resources

International Trade

Real Estate and Property Development

Manufacturing

Energy and Utilities

Telecommunications

Government and Public Sector

Retail and Commercial Development

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial Operations

Procurement

Project Management

Credit

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Commercial Director

Legal Counsel

Risk Manager

Company Secretary

Project Finance Manager

Procurement Manager

Contract Manager

Business Development Manager

Banking Relationship Manager

Credit Risk Officer

Compliance Officer

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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