Guarantee Amendment

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📖 Detailed Explanation

Guarantee Amendment refers to the legal act of modifying the terms of an already issued bank guarantee (such as a performance guarantee, advance payment guarantee, etc.). Common amendments include: extending or shortening the validity period, increasing or decreasing the guarantee amount, changing the beneficiary, adjusting claim conditions, modifying the applicable law or jurisdiction, etc. Usage scenarios typically occur when the underlying contract is changed, the project is delayed, the amount is adjusted, or the beneficiary or applicant information changes. Precautions: The amendment must be approved by the issuing bank and unanimously confirmed by the applicant and beneficiary, otherwise the amendment is invalid; if it involves an increase in amount or extension of validity, the bank may require additional margin or counter-guarantee; the amended guarantee should clearly state whether it replaces the original guarantee or serves as a supplement to the original guarantee to avoid conflicts. Unlike 'guarantee cancellation', an amendment does not terminate the validity of the guarantee; unlike 'guarantee transfer', an amendment does not change the subject relationship of the guarantee. Foreign trade practitioners should ensure that the amendment content is consistent with the underlying contract changes and promptly notify relevant parties to prevent claim risks.

📝 Examples

1. Due to a 6-month extension of the project schedule, we have applied to the bank to amend the advance payment guarantee, extending the validity period to December 31, 2025. (Note: Extending the guarantee validity period due to project delay) 2. The buyer requested to reduce the performance guarantee amount from 10% to 5% of the contract price. We have submitted a guarantee amendment application and are awaiting approval from the issuing bank. (Note: Reducing the guarantee amount due to contract amount adjustment)

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