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Bank Guarantee Performance Bond for Philippines

Bank Guarantee Performance Bond Template for Philippines

A Bank Guarantee Performance Bond under Philippine law is a financial instrument where a bank guarantees the performance obligations of a principal (typically a contractor or service provider) to a beneficiary (usually a project owner). This document, governed by Philippine banking and security regulations, provides financial security to the beneficiary in case the principal fails to fulfill their contractual obligations. The guarantee is typically issued for a specified percentage of the contract value and remains valid for the duration of the underlying contract plus a claim period. The document includes specific conditions for calling on the guarantee, payment terms, and procedures for making claims.

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What is a Bank Guarantee Performance Bond?

The Bank Guarantee Performance Bond is a critical security instrument in Philippine commercial transactions, particularly in construction, infrastructure, and large-scale service contracts. It is used when a project owner requires financial security for a contractor's performance obligations. The document is issued by a bank in accordance with Philippine banking regulations, particularly the New Central Bank Act and the Manual of Regulations for Banks. The guarantee typically covers 10-20% of the contract value and can be called upon if the principal fails to meet their contractual obligations. This type of bond is essential for risk management in major projects and is often a mandatory requirement in government contracts and large commercial projects in the Philippines. The document must comply with local banking regulations and security laws while providing clear mechanisms for demand and payment.

What sections should be included in a Bank Guarantee Performance Bond?

1. Parties: Identifies the Bank (Guarantor), the Principal (Contractor/Service Provider), and the Beneficiary (Project Owner)

2. Background: Describes the underlying contract or project for which the performance bond is being issued

3. Definitions: Defines key terms used throughout the document including Guaranteed Sum, Expiry Date, and Underlying Contract

4. Guarantee: Sets out the core guarantee obligations and the maximum guaranteed amount

5. Conditions for Demand: Specifies the circumstances under which the beneficiary can make a demand under the guarantee

6. Form and Method of Demand: Details the procedure and requirements for making a valid demand under the guarantee

7. Payment Terms: Specifies the timeline and method for payment upon receipt of a valid demand

8. Duration and Expiry: States the effective period of the guarantee and conditions for expiry

9. Reduction and Release: Describes circumstances under which the guaranteed amount may be reduced and when the guarantee will be released

10. Bank's Rights and Obligations: Details the specific rights, obligations, and limitations of the guarantor bank

11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and establishes jurisdiction for disputes

12. Notices: Sets out the procedure and addresses for serving notices under the guarantee

13. Execution: Signature blocks and execution formalities

What sections are optional to include in a Bank Guarantee Performance Bond?

1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable

2. Counter-Indemnity: Include when there is a separate counter-indemnity agreement from the principal to the bank

3. Multiple Beneficiaries: Include when there are multiple beneficiaries with specific provisions for their rights

4. Step-In Rights: Include when beneficiary has rights to step into the underlying contract

5. Partial Demands: Include when multiple partial demands are permitted under the guarantee

6. Foreign Currency Provisions: Include when the guarantee amount is in a currency other than Philippine Peso

What schedules should be included in a Bank Guarantee Performance Bond?

1. Form of Demand: Template for making a valid demand under the guarantee

2. Underlying Contract Details: Key details of the contract or project being guaranteed

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Performance Requirements: Specific performance criteria that trigger the guarantee

5. Bank's Standard Terms and Conditions: Standard terms applicable to all bank guarantees issued by the bank

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

Philippines

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses



























Relevant Industries

Construction

Infrastructure Development

Energy

Manufacturing

Real Estate Development

Mining

Telecommunications

Public Works

Defense Contracting

Industrial Projects

Utilities

Transportation

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Operations

Project Management

Compliance

Banking Relations

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Chief Financial Officer

Treasury Manager

Risk Manager

Legal Counsel

Commercial Director

Procurement Manager

Business Development Manager

Finance Director

Banking Relationship Manager

Compliance Officer

Operations Director

Construction Manager

Project 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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