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Earnest Money Deposit Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Earnest Money Deposit Bank Guarantee

"Need an Earnest Money Deposit Bank Guarantee for a Singapore commercial property purchase, with a guarantee amount of SGD 2 million and validity period until March 15, 2025, to be issued by DBS Bank in favor of ABC Property Development Ltd."

Document background
The Earnest Money Deposit Bank Guarantee is a crucial financial instrument in Singapore's commercial landscape, commonly used in property transactions, tender submissions, and large commercial contracts. It provides a secure alternative to cash deposits, where a bank guarantees payment of the earnest money to the beneficiary if the principal defaults on their obligations. This guarantee must comply with Singapore's Banking Act, MAS Guidelines, and related banking regulations, offering beneficiaries the security of a bank's commitment while allowing principals to maintain liquidity.
Suggested Sections

1. Parties: Identification of the bank (guarantor), principal (applicant), and beneficiary

2. Background: Context of the underlying transaction requiring the guarantee

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Specific sum guaranteed by the bank, including currency and payment terms

5. Duration: Validity period of the guarantee, including commencement and expiry dates

6. Demand Requirements: Conditions and process for calling on the guarantee, including notice requirements

7. Bank's Undertaking: Core guarantee provisions and bank's obligations

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

Optional Sections

1. Counter Indemnity: Used when the principal provides indemnity to the bank against any claims or losses

2. Assignment Clause: Provisions regarding transfer of guarantee rights and restrictions on assignment

3. Force Majeure: Provisions for extraordinary circumstances affecting the guarantee obligations

4. Reduction Clause: Provisions for automatic or progressive reduction of guarantee amount over time

Suggested Schedules

1. Form of Demand: Template for making a claim under the guarantee, including required declarations

2. Underlying Contract Reference: Details of the primary contract or transaction being guaranteed

3. Bank's Standard Terms: Standard terms and conditions of the issuing bank applicable to the guarantee

4. Authorized Signatories: List of authorized signatories and specimen signatures if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Industries

Banking Act (Cap. 19): Primary banking legislation in Singapore that governs banking institutions and their operations, including their ability to issue guarantees

Monetary Authority of Singapore Act (Cap. 186): Establishes MAS's regulatory authority over financial institutions and their activities, including bank guarantee issuance

Singapore Contract Law: Framework of contract law principles that govern the formation and enforcement of contracts, including bank guarantees

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

Bills of Exchange Act (Cap. 23): Relevant for negotiable instruments and certain aspects of banking documentation

Common Law Guarantee and Indemnity Principles: Legal principles developed through case law governing guarantees and indemnities in Singapore

MAS Guidelines on Corporate Guarantees and Securities: Regulatory guidelines issued by MAS specifically addressing corporate guarantees and securities

Securities and Futures Act (Cap. 289): Regulates securities and financial instruments, which may be relevant for certain types of bank guarantees

UN Convention on Independent Guarantees: International convention providing standardized rules for independent guarantees and standby letters of credit

URDG 758: ICC Uniform Rules for Demand Guarantees, providing international standard practices for demand guarantees

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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