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Performance Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Performance Bank Guarantee

"I need a Performance Bank Guarantee for a construction project in Singapore, where our company (ABC Construction Pte Ltd) requires a guarantee of SGD 5 million from DBS Bank to secure our performance obligations, with the guarantee period running until March 2025."

Document background
A Performance Bank Guarantee is commonly used in commercial transactions in Singapore where one party requires security for the other's performance. It serves as an independent undertaking by a bank to pay a specified sum upon demand if the principal defaults on their obligations. These guarantees are particularly common in construction, infrastructure, and large commercial projects. Singapore's well-developed legal framework, based on English common law principles, provides clear rules for enforcement and interpretation of such guarantees, making them a preferred security instrument in commercial transactions.
Suggested Sections

1. Parties: Details of the Bank (Guarantor), the Principal (party whose performance is guaranteed), and the Beneficiary

2. Background: Context of the underlying contract and reason for the guarantee

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

4. Guarantee and Undertaking: Core guarantee provisions including amount and scope

5. Demand Requirements: Process and conditions for making valid demands under the guarantee

6. Duration and Expiry: Term of the guarantee and conditions for expiry

7. Governing Law and Jurisdiction: Specification of Singapore law and courts' jurisdiction

Optional Sections

1. Assignment Provisions: Rules regarding transfer of rights under the guarantee

2. Counter-Indemnity: Principal's obligation to indemnify the bank

3. Electronic Notices: Provisions for electronic communication and notice delivery methods

4. Multiple Beneficiaries: Provisions for handling multiple beneficiaries and their rights under the guarantee

Suggested Schedules

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

2. Underlying Contract Details: Summary or extract of the main contract being guaranteed

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

4. Authentication Procedures: Procedures for verifying authenticity of demands and communications

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






























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Industries

Banking Act (Chapter 19): Primary legislation governing banking institutions in Singapore, which provides the regulatory framework for banks issuing guarantees

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

Contract Law (Chapter 53B): Provides the fundamental legal framework for contractual relationships and obligations in Singapore, applicable to bank guarantees

Electronic Transactions Act: Governs the electronic execution and validity of documents, relevant for electronic bank guarantees

Singapore Common Law Principles: English common law principles adopted by Singapore courts, particularly relevant case law regarding bank guarantees

Bocotra Construction Pte Ltd v Attorney General Case: Key Singapore case law [1995] 2 SLR(R) 262 establishing principles for performance guarantees

URDG 758: Uniform Rules for Demand Guarantees by ICC, providing international standards for demand guarantees

ISP98: International Standby Practices, offering standardized rules for standby letters of credit and bank guarantees

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

MAS Guidelines on Risk Management: Regulatory guidelines issued by MAS for financial institutions' risk management practices in guarantee operations

MAS Notice 612: Regulatory notice on credit files, grading and provisioning requirements for banks

MAS Notice 637: Regulatory notice specifying risk-based capital adequacy requirements for banks

Independence Principle: Legal doctrine establishing that bank guarantees are independent from the underlying contract

Fraud Exception Rules: Legal principles governing when fraud can be grounds for refusing payment under a bank guarantee

Demand Requirements: Legal requirements for making a valid demand under a performance bank guarantee

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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