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Standby Bank Guarantee Template for Switzerland

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Key Requirements PROMPT example:

Standby Bank Guarantee

"I need a Standby Bank Guarantee under Swiss law for a construction project, with a guarantee amount of CHF 5 million, to be valid until March 2025, with quarterly reduction clauses and specific requirements for contractor performance milestones."

Document background
The Standby Bank Guarantee is a crucial financial instrument used in various commercial transactions where parties seek security for performance or payment obligations. This document type is particularly relevant in international trade, construction projects, and large commercial contracts where the beneficiary requires additional security beyond the principal's direct commitments. Under Swiss law, these guarantees are independent obligations, separate from the underlying contract, and are governed by strict banking regulations and the Swiss Code of Obligations. The document includes specific provisions for demand procedures, required documentation, payment terms, and expiry conditions. The Standby Bank Guarantee provides a robust security mechanism, backed by the Swiss banking system's reputation for reliability and efficiency, making it a preferred choice for cross-border transactions and high-value commercial arrangements.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal), and the Beneficiary

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used in the guarantee, including technical banking and legal terminology

4. Guarantee Amount and Currency: Specification of the maximum guaranteed sum and currency

5. Scope of Guarantee: Nature and extent of the bank's guarantee obligation

6. Conditions for Payment: Specific circumstances and documentation required to trigger payment under the guarantee

7. Form of Demand: Required format and content of any demand under the guarantee

8. Payment Terms: Timeframe and method for payment upon valid demand

9. Expiry and Release: Term of the guarantee and conditions for release

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

11. Bank's Independent Obligation: Statement of the guarantee's independence from underlying contract

12. Notices: Communication procedures between parties

Optional Sections

1. Transfer and Assignment: Include when the guarantee may need to be transferable

2. Counter-Indemnity: Include when specific counter-indemnity arrangements are required from the applicant

3. Multiple Beneficiaries: Include when there is more than one beneficiary

4. Reduction Clauses: Include when the guarantee amount may reduce over time

5. Force Majeure: Include for international guarantees or when specifically requested

6. Language: Include when the guarantee may be issued in multiple languages

7. Anti-Money Laundering Compliance: Include for high-value or international guarantees

8. Sanctions Compliance: Include for international guarantees or when dealing with regulated industries

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the main contract being guaranteed

3. Required Documents: List of documents to be presented with any demand

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

5. Fee Schedule: Details of bank fees and charges

6. Communication Details: Contact information and procedures for all parties

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

International Trade

Construction and Real Estate

Manufacturing

Energy and Utilities

Infrastructure Development

Telecommunications

Mining and Natural Resources

Transportation and Logistics

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Trade Finance

Commercial Operations

Procurement

Project Management

International Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Risk Manager

Legal Counsel

Contract Manager

Finance Director

Banking Relationship Manager

Commercial Director

Project Manager

Procurement Manager

Credit Manager

Company Secretary

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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