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What is Bank Guarantee (BG)?

Definition
Bank
Guarantee
Promise

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Buyer (Contracter) Seller(Govt)

Banker

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee(BG)?

Underlying Reason
TRUST

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee(BG)?

Definition
Non fund based credit facility like LC but not the same

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Bank Guarantee (BG)


1 A buyer in India wants to buy some goods from Seller
2 But the Seller can’t trust the buyer

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Bank Guarantee (BG)


1 Seller thinks that my money may not be paid

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Bank Guarantee (BG)


1 It is a financial instrument
2 It is issued by a bank
3 Through the financial instrument it becomes a guarantee
4 Rather the bank pays to the seller in case of default of the
buyer

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

STEPS
1 Buyer goes to his Bank

2 Requests for BG
3 Seller and Buyer both enter into the Contract
4 There are only 3 entities

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Bank Guarantee (BG)


1 Applicant/Borrower/Buyer
2 Seller/Govt/
3 Validity Period (Upto 10 Years)
4 Specific Amount
5 Specific Purpose
6 Collateral

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Collateral and Charges


1 Bank Deposits

2 FD
3 Charges Fees

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee (BG)?

Natioanl and International


1 Company Law

Legal and Regulatory Aspects of Banking Bank Guarantee


Advantages of BG

Advantage is for Seller


1 Protection against the payment

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee(BG)?

Bank Guarantee(BG)
1 Is an arrangement
2 Bank acting at the request of Buyer
3 To a third party
4 By a given date
5 To a third party (EXPORTER/SELLER/BENEFICIARY)
6 On the default of Buyer

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee(BG)?

Parties to the Bank Guarantee(BG)


1 Buyer
2 Seller
3 Bank

Legal and Regulatory Aspects of Banking Bank Guarantee


What is Bank Guarantee(BG)?

Types of BGs
1 Financial Guarantee

2 Performance Guarantee
3 Defereeed Payment Guarantee

Legal and Regulatory Aspects of Banking Bank Guarantee


Types of the Bank Guarantee(BG)s

Financial BG
1 Against financial loss

2 Company Bonds (Employer and Employee)

Legal and Regulatory Aspects of Banking Bank Guarantee


Types of the Bank Guarantee(BG)s

Performance BG
1 Govt Contracts

Legal and Regulatory Aspects of Banking Bank Guarantee


Types of the Bank Guarantee(BG)s

Bid Bonds
1 Govt Contracts

2 Earnest Money
3 Advance Payement Guarantee (10-15

Legal and Regulatory Aspects of Banking Bank Guarantee

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