Guarantee Counter-security

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📖 Detailed Explanation

Guarantee Counter-security refers to a reverse guarantee required by the bank from the applicant (usually an importer or contractor) when the applicant applies to the bank for issuing a guarantee, to ensure that the bank can recover from the applicant after making payment under the guarantee. Common forms include cash margin, mortgage, pledge, or a third-party counter-guarantee. Use cases: international engineering contracting, bulk commodity imports, performance guarantees, advance payment guarantees, etc. Points to note: The counter-security is independent of the main guarantee, and the bank does not need to first seek recourse from the applicant when claiming; the counter-security amount is usually 100% or more of the guarantee amount and may decrease as the guarantee amount decreases; the counter-guarantee should clearly specify the applicable law and dispute resolution method. Difference from 'guarantee': A guarantee is the bank's payment commitment to the beneficiary, while a counter-security is the applicant's reimbursement commitment to the bank; difference from 'standby letter of credit': A counter-security is not directly to the beneficiary but to the bank issuing the guarantee. Foreign trade practitioners need to pay attention to the trigger conditions of the counter-security, matching of validity periods, and exchange rate risks.

📝 Examples

1. As an importer, we applied to the Bank of China for issuing a performance guarantee in the amount of USD 500,000, and the bank required our company to provide an equal amount of cash margin as the guarantee counter-security. (Note: The applicant provides a cash pledge to the bank as a counter-security measure for the bank's issuance of the guarantee.) 2. In a Saudi engineering project, the owner accepted the advance payment guarantee issued by our bank but required our company to provide a guarantee counter-security through another bank to ensure that the issuing bank can obtain reimbursement. (Note: Through a third-party bank counter-guarantee, the issuing bank's confidence is enhanced, facilitating the issuance of the guarantee.)

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