Monday, July 4, 2016

Bank guarantees explained

What is a bank guarantee mean? Is it possible to confirm a bank guarantee? The bank guarantee means a lending institution ensures that the liabilities of a debtor will be met. In other words, if the debtor fails to settle a debt, the bank will cover it.


A bank guarantee enables the customer, or debtor, to acquire goods, buy equipment or draw down a loan. The bank only pays that amount if the opposing party does not fulfill the obligations outlined by the contract.

Note that a bank guarantee is not the same as a letter of credit (see the differences between those two below). Bank Guarantees are intended to protect the interests of both the buyer and. If this happens the risk of the issuing party is that his pledge of assets made to the bank will be lost. Let us take an example of a company XYZ bags a project from, say, the Government of Ethiopia to build 2power transmission towers. The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States government that protects the funds depositors place in banks and savings associations.


FDIC insurance is backed by the full faith and credit of the United States government. It is a type of warranty that a bank provides individuals to provide loan, payment or services to start any business activity. Loan Guarantee – promises to assume the debt obligation of the borrower if they face default.

Performance Guarantee – ensures the full and due performance of the contract in line. Financial guarantees. Advance or deferred payment guarantees. The guarantee lets a company buy what it otherwise could not, helping business growth and promoting entrepreneurial activity. There are different kinds of bank guarantees , direct as well as indirect guarantees.


The bank does its own thorough analysis of the financial well being of company XYZ to assess the amount of guarantee it can issue. Here too there is a catch. The bank will issue guarantee provided the company has not exceeded its overall limit for BGs. This amount is called a limit.


A principal usually takes comfort from the fact that if it presents the guarantee to the relevant bank , the bank will honour the undertaking without concerning itself with the underlying contractual issues or dispute between it and the contractor. Bank guarantees are products of credit to ensure the successful completion of the commitments they have made their customers to future international exchanges (can be both import and export and investment). The beneficiary is the one to who takes the guarantee. And the applicant is the party who seeks the bank guarantee from the bank. It is not possible to confirm a bank guarantee , because latest version of bank guarantee rules, URDG 75 do not contain any confirmation definition.


In bank guarantee transactions, counter- guarantee is an alternative approach to the confirmation. In upholding our claim and awarding the injunction, the Judge agreed that there was a serious question that clause 3 properly construe did affect the principal’s right to call on the bank guarantee , and that, on the proper construction of that clause, a principal was only able to call on the bank guarantee if there were insufficient. The lease will then give the landlord the right to cash in the bank guarantee without your notice or consent, if you breach the lease terms or damage the property.

Providing a personal guarantee means that if the business becomes unable to repay a debt then the individual is personally responsible. In the commercial property industry, It is used as security by the landlor should a tenant default on their lease. Depending on who the borrower is, the bank will require guarantees from the directors or shareholders of a company, the trustees of a trust, husband or wife of the borrower, or another related party that has enough equity to repay the loan if the borrower cannot. By making a guarantee, however, you are are putting. When you lend securities in Euroclear Bank’s Lending and Borrowing programme, you benefit from double name risk protection.


Should the borrower be unable to reimburse your securities, Euroclear Bank will exercise its Guarantee and step in to replace them. It is typically a bank where the applicant already does business (in the applicant’s home country, where the applicant has an account or a line of credit).

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