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Guarantee Cheque Against Advance Payment for Saudi Arabia

Guarantee Cheque Against Advance Payment Template for Saudi Arabia

A legally binding document governed by Saudi Arabian law that establishes the terms and conditions for providing a guarantee cheque as security against an advance payment in a commercial transaction. The document details the specifics of both the advance payment and the guarantee cheque, including presentation conditions, return mechanisms, and enforcement rights under Saudi banking regulations and Shariah principles. It incorporates provisions for compliance with Saudi Arabia's Commercial Papers Law and Banking Control Law, while ensuring the security interests of both parties are protected through clear documentation of the financial arrangement.

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What is a Guarantee Cheque Against Advance Payment?

The Guarantee Cheque Against Advance Payment document is commonly used in Saudi Arabian commercial transactions where one party requires an advance payment to commence work or deliver goods/services, and the other party seeks security for this payment. This document type is particularly important in Saudi Arabia's business environment, where advance payments are common practice in many commercial sectors. The document ensures compliance with Saudi banking regulations, commercial laws, and Shariah principles while providing a legally enforceable security mechanism. It includes detailed provisions about the cheque's presentation, the conditions for its use, and the circumstances under which it can be cashed or must be returned. This type of agreement is especially relevant in high-value contracts where significant advance payments are involved, providing protection for both the party making the advance payment and the party receiving it.

What sections should be included in a Guarantee Cheque Against Advance Payment?

1. Parties: Identification of the party providing the guarantee cheque (Guarantor) and the party providing the advance payment (Beneficiary), including full legal names, addresses, and commercial registration details

2. Background: Context of the transaction, reference to the main agreement requiring advance payment, and the purpose of the guarantee cheque

3. Definitions: Key terms including 'Advance Payment', 'Guarantee Cheque', 'Maturity Date', and other relevant terminology

4. Cheque Details: Specific details of the guarantee cheque including cheque number, bank details, amount, and date

5. Advance Payment Terms: Details of the advance payment including amount, payment method, and timing

6. Conditions for Cheque Presentation: Circumstances under which the beneficiary may present the cheque for payment

7. Representations and Warranties: Guarantor's confirmations regarding authority, validity of cheque, and sufficient funds

8. Return of Guarantee Cheque: Conditions and timing for the return of the guarantee cheque upon completion of obligations

9. Governing Law and Jurisdiction: Specification of Saudi Arabian law as governing law and jurisdiction for disputes

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

1. Islamic Finance Compliance: Additional provisions ensuring compliance with Shariah principles, required when either party requires explicit Shariah compliance

2. Multiple Cheques Arrangement: Required when the guarantee is provided through multiple cheques rather than a single cheque

3. Currency Provisions: Required when the advance payment and guarantee cheque are in different currencies

4. Bank Verification: Optional section for cases where bank verification of the cheque is required prior to advance payment

5. Force Majeure: Optional provisions for extraordinary circumstances affecting the arrangement

What schedules should be included in a Guarantee Cheque Against Advance Payment?

1. Schedule 1 - Cheque Details: Copy of the guarantee cheque and detailed banking information

2. Schedule 2 - Advance Payment Details: Breakdown of advance payment amount and payment schedule if applicable

3. Schedule 3 - Related Agreements: List and details of related agreements referenced in the main document

4. Appendix A - Required Notices: Format and details for any notices required under the agreement

5. Appendix B - Bank Contact Details: Contact information for relevant bank branches and officers

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

Saudi Arabia

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions


































Clauses




























Relevant Industries

Construction

Manufacturing

Engineering

Real Estate Development

Infrastructure

Oil & Gas

Technology Services

Industrial Equipment

Defense Contracting

Project Development

Trade & Commerce

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Commercial

Contracts

Procurement

Risk Management

Credit Control

Operations

Project Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Commercial Director

Contracts Manager

Legal Counsel

Company Secretary

Credit Controller

Accounts Manager

Project Manager

Procurement Manager

Risk Manager

Financial Controller

Business Development Manager

Operations Director

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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