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Bank Counter Guarantee Template for Denmark

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Key Requirements PROMPT example:

Bank Counter Guarantee

Document background
The Bank Counter Guarantee is a crucial financial instrument used in commercial transactions where multiple banking institutions are involved across different jurisdictions. This document type is particularly relevant when a local bank needs to provide a guarantee to a beneficiary but requires backing from another bank, typically in international trade scenarios. The Bank Counter Guarantee, governed by Danish law, establishes the counter-guarantor's obligation to reimburse the primary guarantor if the primary guarantee is called upon. It includes specific provisions for demand procedures, payment terms, and compliance with Danish banking regulations and financial laws. The document is essential in risk mitigation strategies for cross-border transactions and provides security for complex commercial arrangements where multiple parties and jurisdictions are involved.
Suggested Sections

1. Parties: Identification of the bank issuing the counter-guarantee, the beneficiary bank, and the principal

2. Background: Context of the counter-guarantee, including reference to the underlying primary guarantee and the original transaction

3. Definitions: Key terms used throughout the document, including banking and guarantee-specific terminology

4. Counter-Guarantee Amount: Specification of the maximum amount of the counter-guarantee and currency

5. Scope of Counter-Guarantee: Detailed description of the bank's obligations under the counter-guarantee

6. Conditions for Payment: Specific conditions that must be met for the counter-guarantee to be called upon

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

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

9. Expiry and Release: Terms regarding the duration of the counter-guarantee and conditions for release

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Reduction Provisions: Used when the counter-guarantee amount may be reduced over time under specific conditions

2. Assignment Restrictions: Include when there are specific restrictions on the transfer or assignment of rights under the counter-guarantee

3. Force Majeure: Added when specific force majeure provisions are required beyond standard law

4. Anti-Money Laundering Compliance: Include for cross-border transactions or when dealing with high-risk jurisdictions

5. Bank Charges and Fees: Added when there are specific arrangements for fees between the banks

6. Communications: Include when specific forms of communication need to be prescribed between parties

7. SWIFT Requirements: Added for international counter-guarantees using SWIFT system

Suggested Schedules

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

2. Copy of Primary Guarantee: The underlying guarantee that is being counter-guaranteed

3. Fee Schedule: Details of any fees, charges, and commission arrangements between the banks

4. Authorized Signatories: List of persons authorized to make demands or communications under the counter-guarantee

5. SWIFT Codes and Banking Details: Technical banking information for all parties involved

Authors

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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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