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Guarantee Letter Template for Switzerland

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Key Requirements PROMPT example:

Guarantee Letter

"I need a Swiss law Guarantee Letter for Credit Suisse to provide a bank guarantee of CHF 5 million to secure our company's performance obligations under a construction contract in Zurich, with the guarantee period running until March 15, 2025."

Document background
The Guarantee Letter is a crucial financial instrument in Swiss commercial practice, commonly used to provide security for various business obligations. It represents an independent commitment by the guarantor (usually a bank) to pay a specified amount to the beneficiary upon specified conditions. Under Swiss law, guarantees must be carefully distinguished from suretyships (Bürgschaft), as they have different legal implications and formal requirements. The document is particularly relevant in international trade, construction projects, and complex commercial transactions where parties seek secure payment mechanisms. The Guarantee Letter typically includes specific details about the underlying transaction, guarantee amount, validity period, and conditions for payment, all structured to comply with Swiss legal requirements and banking practices.
Suggested Sections

1. Letter Header: Date, reference number, and formal letterhead of the guarantor (typically a bank or financial institution)

2. Addressee Details: Full name and address of the beneficiary of the guarantee

3. Guarantee Reference: Clear identification of the underlying transaction or obligation being guaranteed

4. Principal Identification: Identity of the principal party whose obligations are being guaranteed

5. Guarantee Amount: The maximum amount covered by the guarantee, clearly stated in numbers and words

6. Guarantee Scope: Precise description of what obligations are covered by the guarantee

7. Duration and Expiry: Clear statement of when the guarantee becomes effective and when it expires

8. Demand Requirements: Specific conditions and process for making a claim under the guarantee

9. Governing Law Declaration: Express statement that the guarantee is governed by Swiss law

10. Signature Block: Authorized signatures of the guarantor with proper authentication as required by Swiss law

Optional Sections

1. Transfer Provisions: Include when the guarantee needs to be transferable to another beneficiary

2. Reduction Clause: Include when the guarantee amount may be reduced over time or upon certain events

3. Language Declaration: Include when the guarantee is issued in multiple languages to specify which version prevails

4. Counter-Guarantee Reference: Include when the guarantee is issued under a counter-guarantee structure

5. Force Majeure Clause: Include when specific events should be excluded from triggering the guarantee

Suggested Schedules

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

2. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed

3. Authentication Requirements: Specific requirements for authenticating demands (e.g., SWIFT format, required signatures)

4. Power of Attorney: Evidence of authority of the guarantor's signatories when required

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 and Financial Services

Construction and Real Estate

International Trade

Manufacturing

Energy and Infrastructure

Telecommunications

Retail and Consumer Goods

Transportation and Logistics

Professional Services

Insurance

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial Operations

Project Management

Trade Finance

Compliance

Credit Management

Business Development

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Contract Manager

Risk Manager

Commercial Director

Project Manager

Banking Relationship Manager

Trade Finance Manager

Credit Manager

Compliance Officer

Corporate Secretary

Business Development Director

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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