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First Demand Letter Template for Switzerland

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Key Requirements PROMPT example:

First Demand Letter

"I need a First Demand Letter under Swiss law to call on a performance guarantee (ref: PG2024-789) issued by Credit Suisse for CHF 2.5 million relating to construction delays on the Geneva Office Complex project, with payment required by March 15, 2025."

Document background
A First Demand Letter is a crucial document in Swiss banking and commercial practice, used when a beneficiary wishes to call upon a bank guarantee or similar financial instrument. This document type is particularly relevant in situations where immediate payment is required without the need to prove default or breach by the principal debtor. The letter must comply with Swiss law, particularly the Swiss Code of Obligations and Federal Banking Act, and often incorporates international banking practices. It's commonly used in international trade, construction projects, and financial transactions where Swiss banks or Swiss law is involved. The document must contain specific elements including clear identification of the guarantee, precise demand amount, and proper authorization. First Demand Letters are designed to be unambiguous and self-contained, allowing for swift execution under Swiss legal framework.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the demanding party

2. Recipient Details: Full legal name, address of the party receiving the demand

3. Reference Information: Reference numbers, dates, and identification of the underlying guarantee or contract

4. Demand Statement: Clear and unequivocal statement that this is a first demand under the guarantee/relevant instrument

5. Amount Demanded: Precise specification of the amount being demanded, including currency

6. Legal Basis: Reference to the specific guarantee or instrument under which the demand is made

7. Payment Instructions: Clear banking details and payment instructions

8. Compliance Statement: Statement confirming compliance with the terms of the guarantee/instrument

9. Time Limit: Specification of the time within which payment must be made

10. Signature Block: Authorized signature(s) and date

Optional Sections

1. Event of Default: Description of the specific event triggering the demand, used when clarity about the triggering event is needed

2. Prior Communications: Reference to any relevant prior communications, used when there has been previous correspondence

3. Reservation of Rights: Statement reserving additional rights, used when potential future claims might arise

4. Multiple Currency Provisions: Used when the demand involves multiple currencies or currency conversion

5. Counter-Guarantee References: Used when the demand is made under a chain of guarantees

6. Force Majeure Declaration: Used when the demand is related to force majeure events

Suggested Schedules

1. Copy of Guarantee: Authenticated copy of the original guarantee instrument

2. Supporting Documents: Any required supporting documents as specified in the original guarantee

3. Proof of Authority: Documentation proving the authority of the signatory to make the demand

4. Statement of Claim: Detailed statement explaining the basis of the claim, if required by the guarantee

5. Payment Calculation: Detailed calculation of the demanded amount, if the amount includes interest or other components

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

International Trade

Construction & Infrastructure

Manufacturing

Energy & Resources

Shipping & Logistics

Real Estate

Insurance

Commodities Trading

Professional Services

Relevant Teams

Legal

Treasury

Finance

Trade Finance

Banking Operations

Risk Management

Compliance

Corporate Banking

Project Finance

Credit Administration

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Legal Counsel

Banking Operations Manager

Credit Risk Manager

Compliance Officer

Project Finance Manager

Corporate Banking Manager

Finance Director

Contract Manager

Documentary Credits Specialist

Guarantee Operations 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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