A Personal Banker's Guarantee is utilized when additional personal security is required beyond institutional guarantees in financial transactions. This document, governed by English and Welsh law, provides beneficiaries with recourse to the personal assets of a banker in addition to any institutional security. It typically includes detailed provisions about the scope of the guarantee, payment obligations, enforcement mechanisms, and any limitations or conditions. The document must comply with UK banking regulations, including FCA requirements and the Financial Services and Markets Act 2000.
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1. Parties: Identifies the guarantor (banker), beneficiary, and principal debtor
2. Background: Explains the context and purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Scope of Guarantee: Defines extent and limitations of the guarantee
6. Duration: Period of validity of the guarantee
7. Payment Obligations: Terms and conditions for payment under the guarantee
1. Counter-Indemnity: Used when the guarantor requires indemnification from the principal debtor
2. Security Provisions: Details any security provided to support the guarantee
3. Assignment Clause: Provisions regarding transfer of guarantee rights
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Obligations: Details of the principal debt or obligations being guaranteed
3. Security Documents: Copies or details of any related security arrangements
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