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Commercial Bank Guarantee for Singapore

Commercial Bank Guarantee Template for Singapore

A Commercial Bank Guarantee under Singapore law is a financial instrument where a bank provides an irrevocable undertaking to pay a specified sum to a beneficiary upon demand, subject to the terms and conditions stated in the guarantee. Regulated by the Banking Act and supervised by the Monetary Authority of Singapore, these guarantees serve as a form of security in commercial transactions, providing assurance of payment or performance.

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Commercial Bank Guarantee

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What is a Commercial Bank Guarantee?

A Commercial Bank Guarantee is commonly used in Singapore when businesses need to provide financial security for their commercial obligations. This document, governed by Singapore law and regulated by MAS, represents a bank's unconditional commitment to pay a specified amount upon the beneficiary's compliant demand. It's particularly valuable in international trade, construction projects, and government tenders where parties seek robust payment security. The guarantee includes specific terms about validity, demand conditions, and payment obligations, providing a standardized yet flexible instrument for commercial risk mitigation.

What sections should be included in a Commercial Bank Guarantee?

1. Parties: Identification of the bank (guarantor), the applicant, and the beneficiary

2. Background: Context of the guarantee and underlying transaction

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Specific sum guaranteed by the bank

5. Duration and Validity Period: Term of the guarantee including expiry conditions

6. Demand Requirements: Conditions and process for making claims

7. Payment Terms: Timeline and method of payment upon valid demand

What sections are optional to include in a Commercial Bank Guarantee?

1. Counter-Indemnity: Applicant's obligation to indemnify the bank - include when required by bank's internal policy

2. Assignment Provisions: Terms regarding transfer of guarantee rights - include when transfer rights are contemplated

3. Reduction Clauses: Provisions for reducing guarantee amount over time - include for long-term guarantees with declining exposure

What schedules should be included in a Commercial Bank Guarantee?

1. Form of Demand: Template for making claims under the guarantee

2. Underlying Contract Details: Summary of the primary contract being guaranteed

3. Fee Schedule: Bank's charges and commission structure

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

Singapore

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions



























Clauses


























Industries

Banking Act (Cap. 19): Primary legislation that regulates banking business and operations in Singapore, including requirements for banks issuing guarantees

Singapore Contract Law: Fundamental law governing formation and enforcement of contracts in Singapore

Unfair Contract Terms Act (Cap. 396): Legislation controlling the use of unfair terms in contracts and limiting the extent to which liability can be excluded

Misrepresentation Act (Cap. 390): Law governing false statements made during contract formation and remedies available

MAS Notice 639: Monetary Authority of Singapore guidelines on exposures to single counterparty groups

MAS Notice 637: Guidelines on risk based capital adequacy requirements for banks in Singapore

URDG 758: ICC Uniform Rules for Demand Guarantees, applicable for international transactions

MAS Notice 626: Regulations on prevention of money laundering and countering financing of terrorism

Corruption, Drug Trafficking and Other Serious Crimes Act: Anti-money laundering legislation that affects banking transactions and guarantees

Evidence Act (Cap. 97): Legislation governing requirements for documentary evidence in Singapore legal proceedings

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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