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Standby Letter Of Credit And Bank Guarantee Template for Singapore

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Key Requirements PROMPT example:

Standby Letter Of Credit And Bank Guarantee

"I need a Standby Letter of Credit and Bank Guarantee document for a construction project in Singapore, with a validity period of 24 months starting from January 2025, and allowing for multiple drawings up to a total value of SGD 5 million."

Document background
Standby Letters of Credit and Bank Guarantees are essential financial instruments in Singapore's commercial landscape, providing security and risk mitigation in various business transactions. These documents are particularly crucial when parties seek independent payment assurance from a reliable financial institution. Under Singapore law, these instruments are structured to comply with both local banking regulations and international standards such as ISP98 and URDG 758. They typically include specific terms regarding the trigger events for payment, documentation requirements, and the bank's obligations, while incorporating Singapore's strict regulatory requirements for financial instruments.
Suggested Sections

1. Parties: Details of the Issuing Bank, Beneficiary, and Applicant

2. Background/Recitals: Purpose of the SBLC/guarantee and underlying transaction

3. Definitions: Key terms used throughout the document

4. Amount and Currency: Specific amount and currency of the SBLC/guarantee

5. Validity Period: Effective date and expiry date of the instrument

6. Drawing Conditions: Specific conditions under which the SBLC/guarantee can be drawn

7. Presentation Requirements: Required documents and format for making a claim

8. Payment Terms: Timeline and method of payment upon valid demand

9. Governing Law: Singapore law and jurisdiction clause

Optional Sections

1. Transfer and Assignment: Provisions detailing whether and how the SBLC/guarantee may be transferred or assigned to other parties

2. Counter-Indemnity: Terms outlining the Applicant's obligation to indemnify the issuing bank

3. Multiple Drawing Provisions: Specifications for partial or multiple drawings under the instrument

4. Automatic Extension Clause: Terms governing automatic extension of validity period and evergreen provisions

5. Force Majeure: Provisions addressing extraordinary events affecting the instrument's performance

Suggested Schedules

1. Form of Demand: Template for making a compliant demand under the instrument

2. Required Documents: List of supporting documents required for presentation

3. Fee Schedule: Details of bank charges and fees

4. Underlying Contract Reference: Details of the transaction being guaranteed

5. Communication Procedures: Specific procedures for notifications 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 Singapore legislation governing banking institutions and their operations, including the issuance of bank guarantees and letters of credit

Bills of Exchange Act (Chapter 23): Legislation governing negotiable instruments and related banking documents in Singapore

Monetary Authority of Singapore Act (Chapter 186): Framework for financial sector regulation and supervision by MAS, including oversight of banks issuing SBLCs and guarantees

Electronic Transactions Act (Chapter 88): Legislation governing electronic transactions and digital signatures, relevant for electronic issuance of SBLCs and bank guarantees

International Standby Practices (ISP98): International rules specifically designed for standby letters of credit, providing standardized practices and procedures

UCP 600: Uniform Customs and Practice for Documentary Credits - ICC rules governing letters of credit and standard banking procedures

URDG 758: ICC Uniform Rules for Demand Guarantees - International standards for bank guarantees and demand guarantees

Singapore Contract Law: Common law principles governing formation and enforcement of contracts in Singapore

Companies Act (Chapter 50): Legislation governing corporate entities in Singapore, relevant for corporate beneficiaries and applicants

Stamp Duties Act (Chapter 312): Legislation governing stamp duties applicable to financial instruments and documents in Singapore

MAS Notice 610: Regulatory notice specifying submission requirements for banks, including reporting of contingent liabilities like SBLCs

MAS Guidelines on Risk Management Practices: Guidelines for banks on managing risks associated with issuing guarantees and standby letters of credit

MAS Notice on Prevention of Money Laundering and CTF: Regulatory requirements for anti-money laundering and counter-terrorism financing measures in banking transactions

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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