A Bank to Bank Guarantee is a crucial financial instrument used in the Nigerian banking sector when one bank needs to provide financial assurance to another bank regarding specific obligations or transactions. This document type is commonly utilized in scenarios involving large-scale project financing, international trade transactions, or when banks need to secure inter-bank lending facilities. The guarantee must comply with Nigerian banking regulations, particularly the BOFIA 2020 and Central Bank of Nigeria directives. It typically includes specific details about the guarantee amount, conditions for calling on the guarantee, payment terms, and validity period. The document is essential for managing inter-bank risk and providing financial security in significant commercial transactions within the Nigerian jurisdiction.
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1. Parties: Identification of the guarantor bank and beneficiary bank, including their full legal names, registration numbers, and addresses
2. Background: Context of the guarantee, including reference to the underlying transaction or facility being guaranteed
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee Amount and Scope: Specific amount of the guarantee and detailed scope of the guaranteed obligations
5. Duration and Validity: Term of the guarantee, including commencement and expiry dates
6. Demand Requirements: Procedure and conditions for making a demand under the guarantee
7. Payment Terms: Timeline and method for payment upon valid demand
8. Bank's Rights and Obligations: Detailed outline of the guarantor bank's responsibilities and rights
9. Representations and Warranties: Standard banking representations and regulatory compliance warranties
10. Events of Default: Circumstances constituting default and their consequences
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. Notices: Communication procedures and contact details for formal notices
13. Counterparts and Execution: Provisions for execution of the guarantee document
1. Counter-Indemnity: Terms of counter-indemnity if required by the guarantor bank, used when additional security is needed
2. Assignment and Transfer: Provisions governing the transfer of guarantee rights, included when transferability is permitted
3. Currency Provisions: Special provisions for cross-border guarantees involving foreign currency, used in international transactions
4. Force Majeure: Provisions for unforeseen circumstances affecting guarantee performance, included for longer-term guarantees
5. Step-In Rights: Provisions allowing the guarantor bank to step into the underlying transaction, used in complex project financing
6. Regulatory Compliance: Additional compliance requirements for specific sectors or transactions, included when dealing with regulated industries
1. Form of Demand: Template for making a formal demand under the guarantee
2. Payment Details: Banking coordinates and payment instructions for both parties
3. Required Documents: List of documents required for guarantee activation or demand
4. Authorized Signatories: List of authorized persons who can make or receive demands
5. Underlying Facility Details: Summary of the primary facility or transaction being guaranteed
6. Compliance Certificates: Ƶ for periodic compliance certification if required
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