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Bank Guarantee Performance Bond for Singapore

Bank Guarantee Performance Bond Template for Singapore

A Bank Guarantee Performance Bond under Singapore law is a financial instrument where a bank guarantees the performance obligations of a principal party (typically a contractor) to a beneficiary. This document, governed by Singapore's Banking Act and Contract Law, provides security to the beneficiary that the principal will fulfill its contractual obligations, with the bank agreeing to pay a specified sum if the principal defaults. The guarantee is subject to Singapore's robust financial regulatory framework and follows international banking practices.

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What is a Bank Guarantee Performance Bond?

Bank Guarantee Performance Bonds are essential financial instruments in Singapore's commercial landscape, particularly for large-scale projects where performance security is required. These bonds, regulated under Singapore's banking and contract laws, provide beneficiaries with immediate access to funds if a principal defaults on their obligations. A Bank Guarantee Performance Bond typically includes details of the guaranteed amount, validity period, claim conditions, and specific performance obligations being secured. They are commonly used in construction, infrastructure, and major supply contracts, offering a reliable mechanism for risk mitigation under Singapore's well-established legal framework.

What sections should be included in a Bank Guarantee Performance Bond?

1. Parties: Identification of the Bank (Guarantor), Principal (Party requesting guarantee), and Beneficiary

2. Background: Context of the underlying transaction and purpose of the guarantee

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Specific sum guaranteed by the bank

5. Duration and Expiry: Validity period and expiry conditions of the guarantee

6. Demand Requirements: Conditions and process for making claims under the guarantee

7. Payment Terms: Terms and conditions for payment upon valid demand

What sections are optional to include in a Bank Guarantee Performance Bond?

1. Counter-Indemnity: Used when the principal provides indemnity to the bank - include when required by bank policy or negotiated terms

2. Assignment Clause: Provisions regarding transfer of rights - include when assignment rights are to be permitted

3. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions - include when parties are from different jurisdictions

What schedules should be included in a Bank Guarantee Performance Bond?

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

2. Underlying Contract Details: Summary or reference to the main contract being guaranteed

3. Authorization Documents: Corporate authorizations and power of attorney if applicable

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

Singapore

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

Banking Act (Chapter 19): Primary legislation governing banking institutions in Singapore, their operations, and the issuance of bank guarantees

Contracts Act (Chapter 53): Fundamental legislation governing contract formation, validity, and enforcement in Singapore, including principles applicable to bank guarantees

Uniform Rules for Demand Guarantees (URDG 758): ICC rules widely adopted in Singapore for bank guarantees, providing standardized practices for demand guarantees and standby letters of credit

MAS Notice 612: Monetary Authority of Singapore guidelines on Credit Risk Management for banks

MAS Notice 637: Guidelines on Risk Based Capital Adequacy Requirements for banks in Singapore

Stamp Duties Act (Chapter 312): Legislation governing stamp duty requirements for guarantees and financial instruments

Limitations Act (Chapter 163): Legislation setting time limits for the enforcement of guarantees and other legal actions

International Arbitration Act (Chapter 143A): Legislation governing international arbitration proceedings, relevant for cross-border guarantee disputes

Rules of Court: Procedural rules governing the enforcement of guarantees through Singapore courts

MAS Notice 610: Regulatory requirements for banks regarding the submission of statistics and returns

MAS Notice 643: Regulations governing transactions with related parties in banking operations

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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