Repayment Guarantee

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📖 Detailed Explanation

A Repayment Guarantee is a written undertaking issued by a bank at the request of an applicant (usually a borrower/importer) in favor of a beneficiary (usually a lender/exporter), guaranteeing that if the applicant fails to repay an advance payment, loan, or financing amount as stipulated in the contract, the bank will compensate the beneficiary up to the agreed amount. It is commonly used in advance payment financing, buyer's credit, seller's credit, financial leasing, and similar scenarios, especially when an exporter provides an advance payment to an importer or a bank provides a loan, and the beneficiary requires the applicant to provide a repayment guarantee to mitigate credit risk. Unlike a performance guarantee, a repayment guarantee focuses on the obligation to repay funds rather than the delivery of goods or performance of works; it is functionally similar to a standby letter of credit, but a repayment guarantee is typically governed by independent guarantee rules (such as URDG758), whereas a standby letter of credit is usually subject to ISP98 or UCP600. Points to note: the guarantee amount, validity period, claim conditions (e.g., claim upon written demand alone or requiring third-party certification), applicable law, and jurisdiction must be clearly specified; the beneficiary should submit a claim within the validity period of the guarantee to avoid expiry; the applicant should pay attention to the independence of the guarantee to prevent the bank from paying against documents alone.

📝 Examples

1. We agree to pay you an advance payment of 20% of the total contract price, provided that you provide, before receiving the advance payment, a repayment guarantee issued by a bank acceptable to us, guaranteeing the refund of such advance payment if you fail to deliver the goods as per the contract. (Note: The importer requires the exporter to provide a repayment guarantee to secure the advance payment.) 2. According to the loan agreement, the borrower shall submit to the lending bank a repayment guarantee in the amount of USD 5 million; if the borrower fails to repay principal and interest at maturity, the bank may claim under this guarantee against the guaranteeing bank. (Note: In buyer's credit, the bank requires the borrower to provide a repayment guarantee to reduce loan risk.)

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