Basic Knowledge of Guarantees Flashcards
Does the business situation require issuance of sales-related or credit guarantee?
Abstract or accessory guarantee?
Who should issue the guarantee (Siemen company or bank guarantee)
Sales related Guarantee
Advance payment guarantee (ensures to refund an advance payment in event of non-performance)
Bid Bonds: Ensures that bidder adheres to bid and concludes sales contract if awarded
Performance guarantee: Guarantor promises to compensate damage or loss that may result from failure of obligor to meet contractual obligation
warranty bonds: Insures the beneficiary against defects
Credit Guarantee
Siemens acts as Guarantor towards a bank to guarantee for loan payment of obligor (e.g. customer)
Guarantee - three involved parties
1) Guarantor
2) Beneficiary
3) Primary obligor
Accessory guarantee - definition
Tied to the primary obligation of the underlying transaction (go to court first and pay afterwards) PREFERRED, lower risk
Abstract guarantee
Legally independent of the underlying transaction (pay first, go to court afterwards)
Guidance Parent Company Guarantee
Shall be avoided as far as possible. Corporate Guarantees below 500k will not be issued for any new project. Bank guarantees below 10k shall not be issued unless mandatory due to legal requirements
Bid: When does CF F need to be involved?
For all guarantees >500k