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Advance Payment Guarantee Bond for Pakistan

Advance Payment Guarantee Bond Template for Pakistan

This document represents a financial guarantee instrument governed by Pakistani law, where a bank (guarantor) provides an undertaking to a beneficiary to repay an advance payment made to a contractor/supplier. The guarantee serves as security for advance payments in commercial contracts, ensuring that the beneficiary can recover the advance payment if the contractor fails to perform their contractual obligations. The document is structured in accordance with Pakistani banking regulations, particularly the State Bank of Pakistan's guidelines, and is enforceable under Pakistani contract law. It includes specific provisions for claim procedures, validity periods, and conditions for guarantee invocation.

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What is a Advance Payment Guarantee Bond?

The Advance Payment Guarantee Bond is a crucial financial instrument in Pakistani business transactions where advance payments are required. It is commonly used in construction projects, large-scale manufacturing contracts, and international trade dealings where the employer/buyer needs to make advance payments to the contractor/supplier. The document serves as a risk mitigation tool, providing assurance that the advance payment will be returned if the contractor fails to perform their obligations. Under Pakistani law, these guarantees must comply with the State Bank of Pakistan's regulations and the Banking Companies Ordinance 1962. The guarantee typically covers the full amount of the advance payment and reduces progressively as the contract work progresses or deliveries are made. It includes specific provisions for making claims, validity periods, and the bank's obligations to honor the guarantee upon a valid demand.

What sections should be included in a Advance Payment Guarantee Bond?

1. Parties: Identifies the three key parties: the Bank (Guarantor), the Contractor/Supplier (Principal), and the Beneficiary

2. Background: Details of the underlying contract and purpose of the advance payment

3. Definitions: Key terms used in the guarantee including Guarantee Amount, Expiry Date, and Underlying Contract

4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency

5. Bank's Undertaking: The core guarantee commitment by the bank to pay upon valid demand

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

7. Validity Period: Start and end dates of the guarantee, including any automatic reduction clauses

8. Claim Procedure: Process and requirements for making a valid claim under the guarantee

9. Governing Law and Jurisdiction: Specifies Pakistani law and relevant jurisdiction for disputes

10. Notices: Communication requirements and contact details for all parties

What sections are optional to include in a Advance Payment Guarantee Bond?

1. Multiple Currency Provisions: Required when the guarantee involves more than one currency or exchange rate considerations

2. Counter-Guarantee Provisions: Needed when there's a foreign bank counter-guarantee involvement

3. Step-Down Provisions: Used when the guarantee amount reduces progressively based on project milestones or deliveries

4. Assignment Restrictions: Required when specific limitations on transfer or assignment need to be imposed

5. Force Majeure: Optional clause for circumstances preventing guarantee execution

6. Electronic Presentation: Required when electronic submission of claims is permitted

What schedules should be included in a Advance Payment Guarantee Bond?

1. Schedule 1 - Underlying Contract Details: Copy or summary of the main contract requiring the advance payment guarantee

2. Schedule 2 - Form of Demand: Template for making a claim under the guarantee

3. Schedule 3 - Party Details: Complete details of all parties including registration numbers and addresses

4. Schedule 4 - Payment Schedule: If applicable, schedule of guarantee amount reductions

5. Appendix A - Supporting Documents: List of required documents for claim verification

6. Appendix B - Authentication Procedures: Procedures for verifying authenticity of claims and communications

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

Pakistan

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions


























Clauses


























Relevant Industries

Banking & Financial Services

Construction & Infrastructure

Manufacturing

International Trade

Energy & Utilities

Telecommunications

Defense Contracting

Real Estate Development

Engineering Services

Government & Public Sector

Relevant Teams

Legal

Finance

Treasury

Procurement

Risk Management

Compliance

Project Management

Commercial Operations

Contract Administration

Banking Operations

Relevant Roles

Project Manager

Contract Manager

Chief Financial Officer

Financial Controller

Legal Counsel

Banking Relationship Manager

Treasury Manager

Procurement Manager

Risk Manager

Company Secretary

Commercial Director

Finance Director

Construction Manager

Project Finance Manager

Compliance 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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