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Earnest Money Deposit Bank Guarantee Template for India

An Earnest Money Deposit Bank Guarantee is a financial instrument issued by a bank under Indian law, which serves as a security deposit for tender participation. This document represents an irrevocable commitment by the bank to pay a specified sum to the beneficiary if the bidder fails to honor their tender obligations. It is governed by Indian banking regulations and contract law, incorporating Reserve Bank of India guidelines and typically follows a standardized format accepted across government and commercial sectors. The guarantee provides financial security to the tender issuer while allowing bidders to participate without blocking substantial liquid funds.

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What is a Earnest Money Deposit Bank Guarantee?

The Earnest Money Deposit Bank Guarantee is a fundamental document in Indian tender processes, required when participating in public or private sector bids. It is used when a bidder needs to provide security for their tender participation without tying up liquid funds. The guarantee amount typically ranges from 1% to 5% of the tender value, with the bank undertaking to pay this amount if the bidder withdraws their bid or fails to accept the award. This document follows strict formatting requirements under Indian banking regulations and RBI guidelines, requiring careful attention to validity periods, invocation conditions, and jurisdictional requirements. The guarantee serves as a risk mitigation tool for tender issuers while facilitating broader participation in tender processes by reducing the need for cash deposits.

What sections should be included in a Earnest Money Deposit Bank Guarantee?

1. Bank Details and Reference Number: Information about the issuing bank branch and unique guarantee reference number

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

3. Amount and Validity: Clear statement of the guarantee amount in figures and words, and the validity period

4. Project/Tender Reference: Details of the tender/bid for which the EMD is being provided

5. Guarantee Undertaking: Core text of the bank's unconditional undertaking to pay the guaranteed amount

6. Terms of Invocation: Conditions and process for invoking the guarantee

7. Payment Terms: Specifics about how and when payment will be made upon invocation

8. Expiry and Claims Period: Clear statement of when the guarantee expires and the period within which claims must be made

9. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

What sections are optional to include in a Earnest Money Deposit Bank Guarantee?

1. Extension Clause: Used when there might be a need to extend the validity period of the guarantee

2. Return of Guarantee: Include when specific procedures for returning the original guarantee document are required

3. Multiple Bank Provisions: Required when the guarantee is being issued by multiple banks

4. Assignment Restriction: Include when transfer or assignment of the guarantee needs to be explicitly restricted

5. Force Majeure: May be included for large projects where force majeure events could affect the guarantee

6. Amendment Procedures: Include when specific procedures for amending the guarantee terms need to be detailed

What schedules should be included in a Earnest Money Deposit Bank Guarantee?

1. Format of Demand Notice: Standard format for beneficiary to use when making a demand under the guarantee

2. Copy of Tender Notice/Document: Reference document showing the EMD requirement and context

3. Authority Documents: Documents proving the authority of bank signatories

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Ƶ

Document Type

Deposit Form

Sector

Banking

Cost

Free to use

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