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On Demand Bank Guarantee for South Africa

On Demand Bank Guarantee Template for South Africa

A South African On Demand Bank Guarantee is a legally binding financial instrument issued by a bank, governed by South African law, where the bank undertakes to pay a specified sum to the beneficiary upon receipt of a compliant written demand, without requiring proof of default or breach by the principal. This document represents an independent obligation of the bank, separate from the underlying commercial contract, and is structured according to South African banking regulations and financial sector laws, incorporating specific requirements for enforceability under local jurisdiction.

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What is a On Demand Bank Guarantee?

The On Demand Bank Guarantee is a crucial financial instrument in South African commercial transactions, providing security and risk mitigation for various business dealings. It is commonly used in construction projects, tender submissions, performance securities, and international trade transactions. The document creates an unconditional obligation for the issuing bank to pay upon receiving a compliant demand, without needing to verify default or breach. Under South African law, these guarantees must comply with specific banking regulations and financial sector requirements, including the Banks Act and Financial Sector Regulation Act. The guarantee typically specifies the maximum amount, validity period, and precise conditions for demanding payment, while maintaining independence from the underlying commercial contract.

What sections should be included in a On Demand Bank Guarantee?

1. Bank Details and Reference: Full details of the issuing bank, including registration number, branch, and reference number

2. Beneficiary Details: Complete identification of the party in whose favor the guarantee is issued

3. Principal/Applicant Details: Full details of the party on whose behalf the guarantee is being issued

4. Guarantee Amount: The maximum amount for which the bank guarantee is issued, in numbers and words

5. Underlying Transaction Reference: Reference to the primary contract or obligation that the guarantee is securing

6. Guarantee Terms: Core terms including the unconditional nature of the guarantee and payment obligations

7. Demand Requirements: Specific format and requirements for making a valid demand under the guarantee

8. Expiry Provisions: Clear statement of when and how the guarantee expires or terminates

9. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes

What sections are optional to include in a On Demand Bank Guarantee?

1. Counter-Indemnity Reference: Reference to counter-indemnity when the bank requires backing from another financial institution

2. Transferability Clause: Include when the guarantee needs to be transferable to another beneficiary

3. Reduction Clause: Used when the guarantee amount can be reduced over time or upon certain events

4. Multiple Drawing Provisions: Required when multiple partial demands are to be allowed

5. Foreign Currency Provisions: Necessary when the guarantee involves foreign currency or exchange rate considerations

6. Electronic Presentation Clause: Include when demands can be made electronically

7. Force Majeure Clause: Optional protection for the bank in case of external events preventing performance

What schedules should be included in a On Demand Bank Guarantee?

1. Form of Demand: Template for the written demand to be submitted by the beneficiary

2. Payment Instructions: Detailed banking coordinates and payment procedures

3. Authentication Procedures: Specific requirements for verifying the authenticity of demands

4. Supporting Documents List: List of any additional documents required to be presented with a demand

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

South Africa

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses




















Relevant Industries

Construction and Infrastructure

Real Estate Development

Mining and Resources

International Trade

Manufacturing

Energy and Utilities

Telecommunications

Government and Public Sector

Financial Services

Retail and Commercial Development

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Compliance

Operations

Project Management

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Director

Contract Manager

Project Manager

Procurement Manager

Legal Counsel

Risk Manager

Commercial Director

Business Development Manager

Account Manager

Banking Relationship Manager

Compliance Officer

Finance Manager

Operations Director

Industries








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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