The Bank Account Guarantee is a crucial financial instrument in Pakistani banking practice, commonly used to provide financial security in various business transactions. It serves as a risk mitigation tool where the bank guarantees payment to a beneficiary if the principal fails to fulfill their obligations. The document follows strict requirements under Pakistani banking laws and State Bank of Pakistan regulations, ensuring compliance with local financial regulations and international banking standards. A Bank Account Guarantee is particularly valuable in scenarios involving tender submissions, performance securities, advance payments, or contractual obligations where financial assurance is required. The document typically specifies the guarantee amount, validity period, conditions for invocation, and payment terms, while ensuring compliance with anti-money laundering regulations and other relevant Pakistani banking laws.
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1. Parties: Identifies the three key parties: the Bank (Guarantor), the Account Holder (Principal), and the Beneficiary
2. Background: Explains the context of the guarantee, including the underlying transaction or obligation that necessitates the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency
5. Scope of Guarantee: Details what obligations or performances are being guaranteed
6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension provisions
7. Conditions for Invocation: Lists the circumstances and process under which the guarantee can be called upon
8. Payment Terms: Specifies how and when payment will be made upon valid invocation of the guarantee
9. Bank's Rights and Obligations: Details the bank's responsibilities and rights under the guarantee
10. Governing Law and Jurisdiction: Specifies that Pakistani law governs the guarantee and establishes jurisdiction for disputes
11. Notices: Provides details for how formal communications between parties should be made
1. Counter Guarantee: Required when there's a counter-guarantee from another bank or financial institution
2. Assignment Restrictions: Include when there are specific restrictions on transferring or assigning the guarantee
3. Foreign Law Compliance: Required for international transactions involving foreign beneficiaries or cross-border elements
4. Force Majeure: Include when specific events beyond control need to be addressed
5. Language Precedence: Required when the guarantee is issued in multiple languages
6. Anti-Money Laundering Compliance: Include for high-value guarantees or when required by regulatory guidelines
7. Electronic Execution: Include when the guarantee may be executed or transmitted electronically
1. Schedule 1 - Form of Demand: Template for making a demand under the guarantee
2. Schedule 2 - Specimen Signatures: Authorized signatures of the parties involved
3. Schedule 3 - Supporting Documents: List of required documents to be submitted with guarantee or for invocation
4. Schedule 4 - Fee Schedule: Details of bank charges, commission, and other applicable fees
5. Appendix A - Underlying Agreement Reference: Details of the primary agreement or transaction being guaranteed
6. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the guarantee
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