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Bank Guarantee For Commercial Lease Template for Singapore

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Key Requirements PROMPT example:

Bank Guarantee For Commercial Lease

"I need a Bank Guarantee For Commercial Lease for my retail company taking a 5-year lease in Singapore's Orchard Road area, with a guarantee amount of SGD 500,000, to be effective from March 1, 2025, issued by DBS Bank."

Document background
The Bank Guarantee For Commercial Lease is a crucial security instrument in Singapore's commercial property market. It is typically used when a tenant needs to provide security for their lease obligations without tying up substantial cash in a security deposit. The guarantee ensures that the landlord can recover unpaid rent or damages up to the guaranteed amount directly from the bank, which acts as guarantor. Under Singapore law, these guarantees must comply with Monetary Authority of Singapore regulations and are commonly used for retail, office, and industrial properties. The document specifies the guaranteed amount, duration, calling conditions, and includes provisions for demand and payment.
Suggested Sections

1. Details of Parties: Identification of Bank (Guarantor), Landlord (Beneficiary), and Tenant (Principal)

2. Background: Context of the lease agreement and reason for bank guarantee issuance

3. Definitions: Key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', 'Lease Agreement'

4. Guarantee Amount: Specific sum guaranteed by the bank and terms of payment

5. Duration: Validity period of the guarantee including start date and expiry conditions

6. Demand Requirements: Process and conditions for making a claim under the guarantee

7. Bank's Obligations: Scope and nature of the bank's commitment and payment terms

8. Governing Law: Specification of Singapore law as governing law and jurisdiction

Optional Sections

1. Step-in Rights: Bank's rights to intervene in specific circumstances, typically used for high-value commercial leases

2. Assignment Provisions: Terms and conditions for transferring guarantee rights, included when assignment might be contemplated

3. Electronic Execution: Provisions for digital signing and electronic communications when parties agree to electronic execution

4. Currency Provisions: Specific provisions regarding currency of payment, required when guarantee involves foreign currency

Suggested Schedules

1. Form of Demand: Standard template for making claims under the guarantee

2. Lease Agreement Details: Summary of key details from the underlying lease agreement

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Notice Details: Contact information and addresses for serving notices to all parties

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




























Industries

Banking Act (Chapter 19): Primary legislation governing banking institutions and their operations in Singapore, including their authority to issue bank guarantees

Property Law Act (Chapter 242): Fundamental legislation governing property rights and transactions in Singapore

Contract Law (Application of Contract Law Act, Chapter 78A): Governs the formation and enforcement of contracts in Singapore, including bank guarantees as contractual instruments

Unfair Contract Terms Act (Chapter 396): Regulates unfair terms in contracts and provides protection against unreasonable contract terms

Conveyancing and Law of Property Act (Chapter 61): Regulates property transactions and leases, relevant for the commercial lease aspect of the guarantee

Building Maintenance and Strata Management Act (Chapter 30C): Relevant for commercial properties under strata title and their management

Land Titles Act (Chapter 157): Governs the registration and transfer of land titles in Singapore

MAS Notice 627: Monetary Authority of Singapore guidelines specifically relating to bank guarantees and their issuance

Stamp Duties Act: Governs the stamp duty requirements for lease documentation and related instruments

Rules of Court: Procedural rules relevant for enforcement of bank guarantees through the Singapore courts

Electronic Transactions Act: Governs the validity of electronic signatures and documents, relevant if the guarantee is executed electronically

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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