Bank guarantee

Définition

A bank guarantee is an undertaking by a bank to pay a fixed sum to a beneficiary if the principal debtor fails to meet its obligations. An abstract (on-demand) guarantee is independent of the underlying contract, so the bank must pay on a compliant demand without examining the merits of the dispute. Bank guarantees are widely used in construction, leasing and international trade to secure performance or payment.

Exemple

A landlord requires a bank guarantee equal to three months rent, which it can call if the tenant defaults.

Pourquoi c'est un risque pour l'entreprise

Bank guarantees often have fixed expiry dates. A beneficiary who fails to track the expiry window may lose the security before the underlying contract risk has passed. Similarly, a party required to provide a guarantee that expires before the contractual obligation ends is under-secured. The calling conditions and the form of demand must exactly match the guarantee text, or the bank will refuse to pay.

Comment le gérer

• Confirm that the guarantee amount, expiry date and calling conditions match the underlying contractual obligation exactly.
• Track guarantee expiry dates and request an extension well before expiry if the underlying contract risk has not yet passed.
• Store the original guarantee document securely, since calling a guarantee typically requires presentation of the original.
• Verify the bank issuing the guarantee has the required credit rating and is accepted under the contract terms.
• Where a guarantee is returned as no longer needed, obtain a written release from the beneficiary before returning it to the issuing bank.