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Indirect Bank Guarantee for Saudi Arabia

Indirect Bank Guarantee Template for Saudi Arabia

This document template provides a comprehensive framework for establishing an Indirect Bank Guarantee under Saudi Arabian law, compliant with both SAMA regulations and Sharia principles. It facilitates arrangements where an instructing bank requests another bank (issuing bank) to issue a guarantee in favor of a beneficiary, typically used in international trade and large commercial transactions. The document incorporates all necessary provisions to ensure enforceability under Saudi Arabian jurisdiction, including specific requirements for Sharia compliance, counter-indemnity arrangements, and proper documentation procedures as required by Saudi banking regulations.

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What is a Indirect Bank Guarantee?

The Indirect Bank Guarantee template is designed for situations where a bank (instructing bank) requests another bank (issuing bank) to issue a guarantee on behalf of its customer in favor of a beneficiary, typically in cross-border transactions. This arrangement is particularly common when the beneficiary requires a guarantee from a local bank in Saudi Arabia. The document ensures compliance with Saudi Arabian banking regulations, SAMA requirements, and Sharia principles, while providing comprehensive protection for all parties involved. The template includes essential provisions for the guarantee's validity, demand procedures, payment terms, and counter-indemnity obligations. It is structured to accommodate various commercial purposes, from construction project guarantees to tender bonds, while maintaining consistency with Saudi Arabian legal requirements and banking practices.

What sections should be included in a Indirect Bank Guarantee?

1. Parties: Identifies all parties: the instructing bank, the issuing bank, and the beneficiary

2. Background: Explains the context of the guarantee, including the underlying transaction and the relationship between parties

3. Definitions: Defines key terms used throughout the guarantee document

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

5. Scope of Guarantee: Details the specific obligations or performance being guaranteed

6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension provisions

7. Demand Requirements: Sets out the process and requirements for making a valid demand under the guarantee

8. Payment Terms: Specifies the payment process, timing, and conditions for honoring the guarantee

9. Counter-Indemnity: Details the instructing bank's obligation to indemnify the issuing bank

10. Compliance Requirements: Outlines compliance with Sharia principles and SAMA regulations

11. Governing Law and Jurisdiction: Specifies Saudi Arabian law as governing law and relevant courts

12. Notices: Details how formal communications between parties should be made

What sections are optional to include in a Indirect Bank Guarantee?

1. Language Provisions: Required when the guarantee is issued in multiple languages, specifying which version prevails

2. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable

3. Partial Drawings: Include when multiple partial demands are permitted under the guarantee

4. Force Majeure: Include when specific force majeure provisions are required beyond standard law

5. Tax Provisions: Include when specific tax implications need to be addressed

6. Anti-Money Laundering Provisions: Include when enhanced AML compliance requirements are needed

7. Dispute Resolution: Include when specific arbitration or mediation procedures are preferred over court jurisdiction

What schedules should be included in a Indirect Bank Guarantee?

1. Schedule 1 - Form of Demand: Standard template for making a demand under the guarantee

2. Schedule 2 - Fee Schedule: Details of all fees, charges, and commission rates

3. Schedule 3 - Documentation Requirements: List of required supporting documents for demands

4. Schedule 4 - Communication Procedures: Detailed procedures for communications between banks

5. Appendix A - Specimen Signatures: Authorized signatures for all parties

6. Appendix B - SAMA Compliance Checklist: Checklist ensuring compliance with SAMA regulations

7. Appendix C - Sharia Compliance Certificate: Certificate from Sharia board approving the guarantee structure

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

Banking and Financial Services

Construction and Infrastructure

International Trade

Energy and Utilities

Manufacturing

Real Estate Development

Government and Public Sector

Defense Contracting

Telecommunications

Mining and Natural Resources

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

Credit

Banking Operations

Project Finance

Commercial Operations

Islamic Banking

Documentary Credits

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Banking Relationship Manager

Project Finance Director

Contract Manager

Finance Director

Company Secretary

Commercial Director

Islamic Banking Specialist

Senior Bank Officer

Documentary Credits 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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