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Performance Letter Of Guarantee for Philippines

Performance Letter Of Guarantee Template for Philippines

A Performance Letter of Guarantee under Philippine law is a formal financial instrument issued by a bank or financial institution that provides assurance of a party's performance obligations under a primary contract. This document, governed by Philippine banking regulations and commercial law, serves as a bank's unconditional commitment to pay a specified sum to the beneficiary if the principal fails to fulfill their contractual obligations. The document includes specific terms regarding the guarantee amount, validity period, conditions for claims, and follows the requirements set forth by the Bangko Sentral ng Pilipinas and relevant Philippine legislation.

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What is a Performance Letter Of Guarantee?

The Performance Letter of Guarantee is a crucial financial instrument in Philippine commercial transactions, particularly in sectors requiring substantial performance assurance. This document is commonly used in construction projects, government contracts, and large commercial undertakings where one party needs security for the other's performance obligations. The guarantee, issued by Philippine banks under the supervision of the Bangko Sentral ng Pilipinas, provides an independent and usually unconditional commitment to pay upon valid demand. It must comply with Philippine banking regulations and commercial law, including the New Central Bank Act and relevant BSP circulars. The document typically includes detailed information about the underlying contract, guarantee amount, validity period, and claim conditions. The Performance Letter of Guarantee has become increasingly important in both domestic and international transactions involving Philippine entities, serving as a risk mitigation tool and facilitating commercial relationships.

What sections should be included in a Performance Letter Of Guarantee?

1. Letter Header and Date: Bank's letterhead, reference number, and date of issuance

2. Beneficiary Details: Full name and address of the party in whose favor the guarantee is being issued

3. Reference to Underlying Contract: Details of the main contract or agreement for which the performance guarantee is being issued

4. Guarantee Amount: The specific amount being guaranteed, expressed in both figures and words

5. Scope of Guarantee: Clear description of what performance obligations are being guaranteed

6. Duration and Validity: Explicit start and end dates of the guarantee, including any conditions for extension

7. Terms of Demand: Conditions and process for making a claim under the guarantee

8. Bank's Undertaking: The bank's commitment to pay upon valid demand

9. Governing Law Statement: Explicit reference to Philippine law as the governing law

10. Authorization Statement: Confirmation of the bank's authority to issue the guarantee

What sections are optional to include in a Performance Letter Of Guarantee?

1. Counter-Guarantee Reference: Required when there is a counter-guarantee from another bank or institution

2. Reduction Clause: Include when the guarantee amount may be reduced over time based on specific conditions

3. Force Majeure Provisions: Added when specific force majeure protections are required

4. Assignment Restrictions: Include when transfer or assignment of the guarantee needs to be restricted

5. Dispute Resolution: Additional dispute resolution mechanisms beyond court jurisdiction

What schedules should be included in a Performance Letter Of Guarantee?

1. Copy of Underlying Contract: Authenticated copy of the main contract being guaranteed

2. Performance Specifications: Detailed description of the performance requirements being guaranteed

3. Specimen Signatures: Authorized signatures for making demands under the guarantee

4. Demand Format: Template or format for making a valid demand under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions





























Clauses
























Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Government and Public Sector

Real Estate Development

Manufacturing

Energy and Utilities

Telecommunications

Mining and Resources

International Trade

Public-Private Partnerships

Relevant Teams

Legal

Finance

Treasury

Procurement

Risk Management

Commercial Operations

Project Management

Compliance

Credit

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Treasury Manager

Contract Manager

Project Manager

Legal Counsel

Banking Relationship Manager

Procurement Manager

Risk Manager

Commercial Director

Business Development Manager

Finance Director

Corporate Secretary

Compliance Officer

Credit Risk 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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