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Bank Guarantee For Commercial Lease
"I need a Bank Guarantee For Commercial Lease under Dutch law for my retail store in Amsterdam, with a guarantee amount of €15,000 (3 months' rent), starting from March 1, 2025, where ING Bank will be the guarantor."
1. Parties: Identifies the three parties: the Bank (guarantor), the Tenant (principal), and the Landlord (beneficiary)
2. Background: Explains the underlying commercial lease agreement and the requirement for a bank guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Amount of Guarantee: Specifies the guaranteed amount (typically 3 months' rent plus service charges and VAT)
5. Scope of Guarantee: Details the obligations covered by the guarantee, including rent, service charges, and other lease obligations
6. Duration and Validity: Specifies the term of the guarantee and any automatic extension provisions
7. Conditions for Payment: Sets out the circumstances and process under which the landlord can call on the guarantee
8. Payment Procedure: Details the mechanism and timeframe for payment upon valid demand
9. Bank's Rights and Obligations: Outlines the bank's responsibilities and limitations under the guarantee
10. Governing Law and Jurisdiction: Confirms Dutch law as governing law and specifies jurisdiction for disputes
1. Counter-Guarantee: Required when the tenant must provide counter-security to the bank
2. Multiple Beneficiaries: Needed when there are multiple landlords or the property has multiple owners
3. Assignment and Transfer: Include when transfer of guarantee rights needs to be addressed
4. Force Majeure: Optional section addressing extraordinary circumstances affecting the guarantee
5. Anti-Money Laundering Provisions: Required for high-value guarantees or when dealing with international parties
6. Digital Communication: Include when parties agree to accept digital notifications and communications
1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee
2. Schedule 2 - Commercial Lease Details: Key details of the underlying lease agreement including property address and rental amounts
3. Schedule 3 - Bank's Standard Terms: The bank's standard terms and conditions applicable to the guarantee
4. Schedule 4 - Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Appendix A - Property Description: Detailed description of the leased property
6. Appendix B - Communication Protocol: Procedures for communications between parties regarding the guarantee
Authors
Banking and Financial Services
Commercial Real Estate
Retail
Hospitality
Manufacturing
Professional Services
Technology
Healthcare
Logistics and Warehousing
Education
Legal
Real Estate
Treasury
Risk Management
Compliance
Finance
Facilities Management
Operations
Corporate Services
Banking Relations
Commercial Property Lawyer
Real Estate Manager
Banking Relationship Manager
Corporate Counsel
Lease Administrator
Risk Manager
Treasury Manager
Facilities Manager
Commercial Property Agent
Chief Financial Officer
Property Portfolio Manager
Compliance Officer
Legal Counsel
Real Estate Director
Banking Operations Manager
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