You Bank Guarantee Lease is Genuinely Guaranteed - PowerPoint PPT Presentation

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You Bank Guarantee Lease is Genuinely Guaranteed

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A bank guarantee lease is an undertaking from a bank or credit union to guarantee payment of the amount to the landlord. – PowerPoint PPT presentation

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Title: You Bank Guarantee Lease is Genuinely Guaranteed


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You Bank Guarantee Lease is Genuinely Guaranteed
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  • A bank guarantee lease is an undertaking from a
    bank or credit union to guarantee payment of the
    amount to the landlord. The BG lease will then
    give you the right to access the cash in the bank
    guarantee without your notice or consent to the
    third part, if you breach the lease terms or
    damage the property. Your beneficiary can draw
    this down on the bank guarantee to repair the
    property or bring rental arrears up to date.
  • What is Bank Guarantee lease?

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  • Bank guarantees lease are one of the most common
    and important features in all the commercial
    contracts in order to ensure the contractual
    compliance and providing security for performance
    to everyone. They are used for a variety of
    reasons, sometimes provided in addition to, or in
    substitution of other forms of security. The most
    common use of bank guarantees by Local
    Governments is as a form of security in retail or
    commercial leases, in works and construction
    contracts to rectify defects, in supply
    agreements to secure suppliers obligations and
    in development and bonding agreements to secure
    the performance of obligations.

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  • Historically there has been a line of judicial
    authority that supports that a bank guarantee, by
    its very nature is unconditional, and that the
    Bank undertakes to pay according to its
    guarantee, on demand, without proof or
    conditions1.
  • Historically there has been a line of judicial
    authority that supports that a bank guarantee, by
    its very nature is unconditional, and that the
    Bank undertakes to pay according to its
    guarantee, on demand, without proof or
    conditions1.

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  • To prevent frauds
  • To prevent unconscionably
  • To promise by the beneficiary not to call on the
    guarantee
  • Due to the fact bank guarantee lease are issued
    by a bank in the name of a beneficiary, they have
    generally not been considered to be preference
    payments and therefore fall outside the scope of
    the preference payment regime safe from the
    demand by a liquidator. However it has recently
    been held that in circumstances where a
    transaction or payment made by a third party such
    as a bank by or on behalf of the debtor.
    Therefore, in limited circumstances, such as when
    a payment is made pursuant to a call on a bank
    guarantee less than six months prior to the
    appointment of a liquidator, a payment made under
    a bank guarantee may be recoverable by a
    liquidator.

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