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Advance Payment Guarantee Bond Template for Malaysia

A Malaysian law-governed Advance Payment Guarantee Bond is a financial instrument issued by a bank or financial institution that provides security to a party (typically an employer or buyer) who has made an advance payment to a contractor or supplier. The guarantee ensures that the advance payment will be returned if the contractor fails to perform their obligations under the main contract. This document, structured under Malaysian legal framework, includes specific provisions for demand mechanisms, validity periods, and reduction schedules, while complying with local banking regulations and Financial Services Act 2013 requirements.

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What is a Advance Payment Guarantee Bond?

The Advance Payment Guarantee Bond is a crucial financial instrument in Malaysian business transactions where substantial advance payments are required. It is commonly used in construction, manufacturing, and large-scale project contracts where the employer needs to provide initial funding to the contractor but requires security for such payments. The document serves as a bank's unconditional undertaking to repay the advance payment if the contractor fails to perform their obligations. The guarantee typically includes specific conditions for demands, validity periods, and progressive reduction mechanisms as the advance payment is recovered through the execution of the main contract. Under Malaysian law, these guarantees must comply with the Financial Services Act 2013 and related banking regulations, with specific attention to formal requirements for enforceability.

What sections should be included in a Advance Payment Guarantee Bond?

1. Parties: Identifies the three key parties: (1) the Bank/Financial Institution as Guarantor, (2) the Beneficiary receiving the guarantee, and (3) the Principal on whose behalf the guarantee is issued

2. Background: References the underlying contract requiring the advance payment guarantee and explains the context of the guarantee issuance

3. Definitions: Defines key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', 'Underlying Contract', etc.

4. Guarantee Amount: Specifies the maximum amount of the guarantee in both numbers and words

5. Scope of Guarantee: Details the bank's undertaking to pay upon valid demand

6. Conditions for Payment: Specifies the conditions under which the guarantee can be called upon and the process for making a demand

7. Validity Period: States the effective date and expiry date of the guarantee

8. Reduction Clause: Explains how the guarantee amount reduces as advance payment is recovered/amortized

9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and determines jurisdiction for disputes

What sections are optional to include in a Advance Payment Guarantee Bond?

1. Islamic Banking Compliance: Required only if the guarantee needs to be Shariah-compliant, stating compliance with Islamic banking principles

2. Language Priority: Required only if the guarantee is issued in multiple languages, establishing which version prevails

3. Assignment Restrictions: Optional section prohibiting or restricting assignment of the guarantee

4. Counter Guarantee: Required only if there is a counter-guarantee arrangement between multiple banks

5. Electronic Presentation: Optional section dealing with electronic demands and communications

What schedules should be included in a Advance Payment Guarantee Bond?

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

2. Reduction Schedule: Schedule showing the progressive reduction of the guarantee amount over time

3. Underlying Contract Extract: Relevant extract from the underlying contract requiring the advance payment guarantee

4. Authentication Details: Specimen signatures and/or authentication methods for demand verification

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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