Vetting of Bank Guarantee to be issued in favour of Esatern Bank Limited, A/C: Z Sweater Limited

Sl.

Clause

Observations

It appears from the preamble that the Bank Asia Limited (hereinafter referred to as the “Bank”) is issuing the present Guarantee in acknowledgement of taking over and as security of the Acceptance liability of Z Sweater Ltd with the Eastern Bank Ltd.

In the premises, the Bank’s liability under the Guarantee should be confined to the outstanding amount against the Acceptance liability. Further, if the liability under Acceptance is taken over, no question of accrual of additional liability will arise.

We therefore are of the view that the Guarantee should be provided only for the outstanding  liability against Accepted bills and thus not for any unspecified amount.

As we understand, this guarantee is provided  as security against the FBP/IBP facility and in the event of  non-collection of the bills, Eastern Bank shall invoke this Guarantee.

It is stated in this clause, that the Bank also guarantees to pay all future Accepted bills liabilities.

It is pertinent to mention here that as per the preamble, the Bank shall adjust only the existing liability of the Z Sweater Ltd.(“Applicant”). As such, it is advised to delete the entire phrase from the fifth line starting with “We also guarantee you to pay all future accepted bills liabilities under import back to back L/C as and when lodged, accepted and become due for payment against outstanding letter of credit liabilities as per list attached if the proceeds are not realized against the corresponding export under Foreign Documentary Bills for Collection to settle the accepted bills liabilities”.

As such it is hereby advised to delete the phrase “and onward Acceptance Liabilities” from the second line.

As we understand, under the arrangement the Bank is taking over all the existing liability of the Applicant due with Eastern Bank Ltd and this Guarantee is provided only for the Acceptance liability. As such under this Guarantee the Bank is not under any obligation to settle any claim of commission and other charges against outstanding L/Cs.

It is therefore advised to delete the entire clause.

The present clause binds the Bank to pay the Guarantee amount on the very date on which the invocation is made, otherwise interest will attract.  It is thereby advised to re-phrase the entire clause as follows:

“The Bank shall within 3 (three) days of receiving the demand make payment of the demanded amount without raising any objection or without referring the demand to the Bank. In case of delay in making payment, the Bank shall pay delinquent charges at the rate of 16% per anum for a period from the date the payment has been requested by you until the date of actual payment”.

1. “That the Guarantee shall remain valid for a period of ______________ months up to ___date_____. The guarantee is extendible at the request of EBL in writing.

1. The claim under this guarantee can be made for the full amount or any part thereof”.