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Bank Guarantee For Commercial Lease Template for Netherlands

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Key Requirements PROMPT example:

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."

Document background
The Bank Guarantee For Commercial Lease is a fundamental document in Dutch commercial property transactions, providing security for landlords while allowing tenants to maintain liquidity. This document is typically required when entering into a commercial lease agreement in the Netherlands, where bank guarantees are preferred over cash deposits. It establishes a three-party relationship between the bank (guarantor), tenant (principal), and landlord (beneficiary). The guarantee typically covers three months' rent plus service charges and VAT, though the amount may vary based on negotiation. The document includes specific provisions for calling on the guarantee, payment procedures, validity period, and compliance with Dutch banking and property laws. It's particularly important for new lease agreements, high-value commercial properties, or when dealing with tenants without extensive credit history in the Netherlands.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Commercial Real Estate

Retail

Hospitality

Manufacturing

Professional Services

Technology

Healthcare

Logistics and Warehousing

Education

Relevant Teams

Legal

Real Estate

Treasury

Risk Management

Compliance

Finance

Facilities Management

Operations

Corporate Services

Banking Relations

Relevant Roles

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

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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