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Advance Payment Guarantee Letter Template for Switzerland

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Key Requirements PROMPT example:

Advance Payment Guarantee Letter

"I need an Advance Payment Guarantee Letter under Swiss law for a construction project in Dubai, with a guarantee amount of CHF 5 million, expiring on March 15, 2025, with a progressive reduction clause tied to project milestones."

Document background
The Advance Payment Guarantee Letter is a critical financial instrument used in commercial transactions where one party (typically a buyer or employer) needs to make advance payments to another party (usually a seller or contractor) but requires security for such payments. This guarantee, governed by Swiss law, provides assurance that the advance payment will be returned if the contracted goods are not delivered or services are not performed as agreed. The document is commonly used in international trade, construction projects, and large equipment procurement, where substantial advance payments are required. It contains specific details about the guaranteed amount, validity period, conditions for claims, and expires either on a fixed date or upon fulfillment of certain conditions. Swiss law provides a particularly strong framework for such guarantees due to its sophisticated banking regulations and well-established commercial law principles.
Suggested Sections

1. Bank Details and Reference: Issuing bank's letterhead, contact details, and guarantee reference number

2. Date and Place: Place of issuance and date of the guarantee

3. Beneficiary Details: Full name and address of the party receiving the guarantee (typically the buyer/employer)

4. Principal Details: Full name and address of the party requesting the guarantee (typically the seller/contractor)

5. Underlying Contract Reference: Details of the main contract including reference number, date, and brief description of scope

6. Guarantee Amount: The maximum amount guaranteed, currency, and any automatic reduction clauses

7. Purpose of Guarantee: Clear statement that this is an advance payment guarantee and its specific purpose

8. Conditions for Payment: Terms under which the guarantee can be called, including required documentation and format of demand

9. Expiry Provisions: Validity period, expiry date, and/or conditions for expiry of the guarantee

10. Governing Law and Jurisdiction: Explicit statement of Swiss law governance and jurisdiction

11. Signature Block: Authorized signatures from the issuing bank

Optional Sections

1. Language Clause: Required when the guarantee might be used internationally, specifying the prevailing language version

2. URDG 758 Application: Optional reference to ICC Uniform Rules for Demand Guarantees if agreed by parties

3. Transfer Provisions: Include when the guarantee needs to be transferable

4. Reduction Schedule: Include when the guarantee amount reduces progressively according to specific milestones

5. Counter-Guarantee Reference: Required when issued under a counter-guarantee structure

6. Special Payment Conditions: Include when there are specific requirements for making or processing claims

Suggested Schedules

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

2. Copy of Advance Payment Details: Evidence of the advance payment made or to be made

3. Authentication Details: If required, SWIFT or other authentication information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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 & Financial Services

Construction & Infrastructure

Manufacturing

International Trade

Energy & Utilities

Defense & Aerospace

Technology & Telecommunications

Engineering Services

Industrial Equipment

Project Development

Relevant Teams

Legal

Finance

Treasury

Procurement

Project Management

Risk Management

Commercial

Trade Finance

Compliance

Credit Risk

International Business

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Project Manager

Procurement Director

Contract Manager

Legal Counsel

Risk Manager

Commercial Director

Finance Director

Banking Relationship Manager

Compliance Officer

Credit Risk Officer

Project Finance Manager

International Trade Specialist

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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