Lecture 48: Bank guarantee including Financial, performance, Counter and Onerous clause guarantees.

[@RoDwiDwivedi]

One of the best learning videoson Bank Guarantees including discussion on standard clauses.

[@AnkushJain]

Thank you

[@AshutoshSingh-si1pu]

Sir I'am working in law firm and there are plenty of arbitration cases. I wanted to understand the complete concept of BG and I found your video. Now it's Crystal Clear.

[@AnkushJain]

Thank you

[@AshutoshSingh-si1pu]

@@AnkushJain sir I'm expecting a lecture on types billing in contract especially running account bill

[@MDVaashir]

Thanks!

[@AnkushJain]

Thank you

[@sachinchoudhary92]

Dil se thank you sir, KZbin par sirf ek hi video hoga jo itna detail me or ache se with example explain karke hoga. Hats off to your work. Looking forward to more learning videos on your channel. thank you..

[@AnkushJain]

Thank you Sachin

[@pritmavani3078]

1:19:20, you have said that, LC me ye check nahi hota ke maal sahi quality ka aa raha he ki nahi, but performance BG me hota he, I have a doubt regarding this, LC me issuer quality standard ke regarding clause dalwa sakta he ki nahi?

[@AnkushJain]

Dalwa bhi lega to uska benefit nhi since ye check nhi ho skta

[@sushantsingh4841]

What a lecture ! Crystal clear

[@AnkushJain]

Thank you

[@gargnaveen26]

Good one Ankush ji

[@AnkushJain]

Thank you

[@A-R-K37]

Very Good Ankush Sb. the way you have explain in native language with practical examples is mind blowing. Also you can include the reversal of the BG so that contractor can ask bank to revoke lien the collaterals.

[@AnkushJain]

Thank you

[@mkchaudhary.official]

बहुत बढ़िया समझने को मिला। मेरा एक क्वेश्चन है, 100 करोड़ के कॉन्ट्रैक्ट में 10 करोड़(या प्रतिशत) की bg जो दी जाती है, अगर ऐसी सिचुएशन में डिफ़ॉल्ट हो तो गारंटर(बैंक) पूरे 100 की पेमेंट करेगी या सिर्फ 10 की?

[@AnkushJain]

10 ki.. kyuki guarantee sirf 10 rupees ki hai

[@mkchaudhary.official]

धन्यवाद सर🙏🏻

[@AnkushJain]

👍👍

[@nikhildwivedi1138]

Ankush ji, BG outstanding ki entry balance sheet mein kaise karte hai

[@AnkushJain]

Balance sheet mein nahi aayegi. Sirf contingent liabilities ka note aayega

[@AnkushJain]

Balance sheet mein nahi aayegi. Sirf contingent liabilities ka note aayega

[@MONUKUMAR-xu7xg]

Hiiii Ankush, Meaning of onerous BG is clear to me but How would we identify this practically while processing any BG Limit case. 2. Is there any practical experience in which You have done this onerous BG, Pls share. 3. What extra Factors do we need to consider if we are doing one case in which both Normal BG and Onerous BG is required to be given, Borrower is asking both BGs else drop the case, What would You do in the case as due diligence, pls elaborate.

[@AnkushJain]

At the time of issuance, this is highlighted by our central processing team usually since they issue BG in standard text of bank and if customer request text to be changed then they request for credit approval. We need to cautious while doing them however it is altogether credit call. Some banks ask for 100% cash margin for these BG and some ask for higher margin like 25-30%. It all depends on the overall comfort on borrower and capacity of the bank to take such risks

[@saranyadevarajan1367]

Sir amazingly explained..thanks a lot

[@AnkushJain]

Your welcome

[@amitnaskar316]

Thank you sir .It is wonderful lecture which help us in our professional career.

[@AnkushJain]

Thank you Amit

[@MONUKUMAR-xu7xg]

Hiiii Ankush, What is Non-revolving BG, Pls explain. 2. When it is issued, any Practical Example of this. 3. Benefit to Bank and Borrower and Beneficiary, what is the use, Kindly share practical experience related to this

[@AnkushJain]

Counter BG is one example of non revolving BG

[@MONUKUMAR-xu7xg]

​@@AnkushJainOkay Please reply for other points also

[@AnkushJain]

See I only have done counter BG like everyone as non revolving. Further this non revolving can be in JV funding cases wherein JV is formed to perform one big contract and therefore for that one single BG is issued which shall expire on closure and JV will also get closed. There is no particular benefit to bank or borrower as this is contract specific transaction only

[@MONUKUMAR-xu7xg]

@@AnkushJain Should we take Higher Cash Margin for Non revolving BG and further should we consider it in FMV Calculation, pls clarify as it is one time BG only being Non revolving BG

[@AnkushJain]

It will be in FMV but cash margin is bank call. No particular extra risk in BG. Margin can be in line with normal bg

[@vikasjawale8718]

Thank you so much sir for this information. I have learnt to much new concept in this video

[@AnkushJain]

Your welcome 👍

[@shalini9678]

Hello..My customer is having Tractor dealership with New holland..so whether BG will be Financial BG only na and not Advance BG?

[@AnkushJain]

Yeah if it is related to financial obligations

[@anjalitejwani]

U r amazing sir. Appreciate your presence over you tube.

[@AnkushJain]

Thank you

[@adityasharma-mf7jh]

Very excellent presentation I dc facts about BG

[@AnkushJain]

Thank you

[@arnabganguly5634]

Sir, is there any other lecture on bank guarantee other than this or this is sufficient as i have no knowledge on bank guarantee but has to deal with bank guarantee linked eith loan.

[@AnkushJain]

kzbin.info/www/bejne/pqqchI2rlq5jZsU kzbin.info/www/bejne/mZvWh5qfr5ijodk kzbin.info/www/bejne/rV7Gmmh-lLanbNE kzbin.info/www/bejne/kHLVhqSgi7KBmZI

[@DeepakKumar-xz6gc]

Excellent lecture delivered sir 👏 👌

[@AnkushJain]

Thank you

[@MONUKUMAR-xu7xg]

Hiiii Ankush, my senior has alreay guided me that Financial BG is as good as Fund based Limits. If this is so, I would like to know Should we give funding basis turnover method then we should consider OD+Financial BG Max 20% of Turnover. Pls give Your detailed views on this

[@AnkushJain]

It's a bit confusing. Even our senior asks us to consider it part of MPBF. I think there is no standard followed in our industry for this

[@MONUKUMAR-xu7xg]

​@@AnkushJainHere we consider Creditors equal to Financial BG Amount in CMA so I think it is automatically covered in MPBF but never thought or did like 20% of turnover as OD/CC+ Financial BG in any case for Assessment

[@AnkushJain]

Okay. Our organisation tells to include in 20% as well. But again there is no standard in our company too. Some locations are following and some are not

[@ashishijardar1334]

Sir , what is the maximum tenure for which a financial BG can be issued?

[@AnkushJain]

It depends. However it can be as long as 10 years also. But depends upon comfort and policies of the banks

[@MONUKUMAR-xu7xg]

​​@@AnkushJainIs there any RBI Circular for Max 10 Years tenure, Can it be issued for more than 10 Years as per tenure of Contract involved. 2. What about Max tenor of Performance BG.

[@yuvrajshisode2729]

Sir jab BG property ke against de jati hai.. To generally collateral requirement kitna hota hai.. For Eg mere pass 200 rs ke property hai.. Mujhe 150 ke CC aur 100 ke BG chahiye to kya ye possible hai.. 150 Fund based aur 100 non fund based againt collateral of 200 lacs

[@AnkushJain]

In BG cases, FD Margin also taken ranging from 10-25% on BG depending upon case to case basis. That margin also to be included in overall collateral. Rest coming back to your question, it is altogether bank's call/decision. However they usually ask for 100% property including fd margin on BG

[@yuvrajshisode2729]

Thank you sir, it implies ke 150 ke CC ke lie 150 ka collateral cover sufficient hoga... Aur jo remaining 50 lac hai, wo depending upon margin policy BG ke lie use kia ja. Sakta hai.. Agar 25% margin rakha jae to 200 lacs ke BG limits set ho sakte hai baki ke collateral value par..Thanks you for reverting and providing clarity

[@AnkushJain]

Yeah. It is bank to bank and case to case call

[@timetraveller9888]

Very nice explaination

[@AnkushJain]

Thank you

[@priyankaupadhyay9097]

In a particular case, bg limit is sanctioned and primary security is counter bank guarantee...what does it mean?

[@AnkushJain]

It usually happens when we have issued bg but some other bank wants to take it over then it issues counter bg to us. So our bg is backed by counter bg of other bank and that counter bg is then the primary security

[@himani051]

Sir as per limitation act bg can be invoked upto 30 years... Then what is the point of mentioning bg expiry date... Pls explain

[@AnkushJain]

No, i have not read limitations act for this but practically and legally, BG guarantee is valid till it's term only. Post which no liability can be incurred. If 30 years were true then the contractor profiles would not have been funded by banks altogether since no roads lasts for 30 days and govt. Would have started filing multiple claims against banks. There must be some other circular or clarifications on this

[@AnkushJain]

Can you share me link of limitation act wherein it is detailed about this

[@AnkushJain]

Yeah i am available on LinkedIn, Facebook, Twitter and Instagram

[@MONUKUMAR-xu7xg]

​@@AnkushJainAs per my knowledge, any Debt is legally enforcable upto 3 Years as per law of Limitation Act, might be typo error done by Him above

[@kundanroy8998]

Sir can you please explain about Open Ended BG and Evergreen clause in BG

[@AnkushJain]

Ye sb onerous clause BG hain. Sb is video mein btai hai

[@asnazaidi3205]

Export point of view main guarantee kis Tarah work kerti hai, is pe Bhi lecture de dain

[@AnkushJain]

Main aapka question nhi samjha... Thoda detail mein bataiye

[@medikondasamuelraj6024]

​@@AnkushJainSir, he was asking to explain with example considering us as a banker who is issuing BG to exporter. As you have explained with example considering us helping importer

[@AnkushJain]

Exporter k case mein to BG ki requirement aati hi nhi hai.. mere pas to kbhi Aisa case nhi aaya

[@medikondasamuelraj6024]

@@AnkushJain sir but while explaining LC also u considered our bank customer as exporter and importer is in USA. Any possibility to know the assessment of LC Considering our bank's customer as importer.

[@AnkushJain]

In this case the LC is received by exporter from importer. Exporter is receipient of a benefit of LC, not an issuer or giver

[@regualtorybodyexam]

Sir , bank guarantee can be issued maximum for what period. Like 10years 15 years

[@AnkushJain]

Varies according to bank to bank. Although 10 years is the maximum timeline. Average it is given for 3-5 years.

[@MONUKUMAR-xu7xg]

​​@@AnkushJainis there any RBI Norm for Maximum 10 Years BG, if not can it be issued for more than 10 Years as well. 2. Further this 10 Years Maximum, if so, would include Claim Period or 10 Years excluding Claim Period.

[@MONUKUMAR-xu7xg]

@ Ankush, Please reply

[@MONUKUMAR-xu7xg]

@ Ankush, Please reply

[@deeprjoshi]

For LC limits takeover we can use only CBG, right?

[@AnkushJain]

Yes through CBG only

[@bijummullat5617]

Excellent sir..

[@AnkushJain]

Thank you

[@harshverdhansaxena9166]

Sir jo bank gurantees hai wo mostly non-fund based hi hoti hai na?

[@AnkushJain]

Yes they are non fund based only

[@yolopug3889]

sir during audit, I observed my bank has taken over BG from other bank however, other bank had some issues with our Counter BG format and takeover was getting delayed due to which my bank disbursed the BG amount as WCDL against which the other bank issued NDC and BGs were taken over. Pls help whether this can be valid and what risks are there because this technically becomes funded limit right

[@AnkushJain]

It is valid and purely banks call.. check wcdl should be as per policy norms and collateral is received from other bank

[@AnkushJain]

It is valid and purely banks call.. check wcdl should be as per policy norms and collateral is received from other bank

[@yolopug3889]

@@AnkushJain okay sirji thank you

[@faizanahmedsheikh1178]

Sir what is assignment clause...??

[@AnkushJain]

It means whether original parties rights and obligations can be assigned to other parties or not

[@amitkumar-h5l6e]

Sir one query please explain After expiry of validity of BG can beneficiaries claim from the Bank?

[@AnkushJain]

No, there is usually a claim period of 1 year post expiry. Post claim period expiry, no claim can be fiked

[@amitkumar-h5l6e]

Then what is the use of exipred BG ?

[@AnkushJain]

BG expiry is counted including of claim period by the banks for their liability purpose.. however for loan assessment calculation, we exclude the claim period which is a separate matter

[@amitkumar-h5l6e]

In my case the claim period is also expired 😞

[@AnkushJain]

Hmm

[@vikasaggarwal1902]

Hi Ankush, is it possible for you to share BG calculator also, I could not locate in the Play list.

[@AnkushJain]

Yeah, pl share your email id, i will send

[@vikasaggarwal1902]

@@AnkushJain thanks a lot.

[@AnkushJain]

👍

[@vikasaggarwal1902]

@@AnkushJain Hi Ankush, have you received my email id. I have shared my email id multiple times, but some time I can't see my comment wherein I have shared my email id.

[@AnkushJain]

No i have not received it, you can message me on linkedin

[@himani051]

Hi sir what is the meaning of extension of bg. Can a non revolving bg extended

[@AnkushJain]

Extension of BG means when the contract is not completed in time then parties may choose to extend the contract. In such a case, BG extension also requested by the borrower to the bank and upon such request, bank can extend the BG tenor

[@himani051]

@@AnkushJain for extension do banks need concurrence of beneficiary also? And thank you so much

[@AnkushJain]

Yes concurrence is required

[@himani051]

Sir one more query.... What is the meaning of devolvement of BG and if the limits are expired in system and it's limits can't be extended as borrower is NPA case. And we receive extension request then what should be done

[@AnkushJain]

Devolvement word is used for LC but for BG we use invocation word. Invocation of BG means when the borrower has breached the contract terms and the beneficiary has decided to take action against the borrower and recover the dues then it approaches the BG issuance bank to honour the BG and pay the amount as guaranteed in the BG

[@travelwidsingers]

Sir any standard format for counter bank guarantee

[@AnkushJain]

Not as such. Usually banks have format of their own.

[@adv.pawansinghraikwar4680]

Thank you sir

[@AnkushJain]

Your welcome 👍

[@TheSuresh2022]

Sir, ye video sales department ke liye bhi beneficiary rahega kya??

[@AnkushJain]

Yes. More than credit. Since sales team has to face customer and understand his demands.

[@TheSuresh2022]

Yes sir, thank you for that informative video..

[@AnkushJain]

Your welcome

[@MDVaashir]

Learned a lot.

[@AnkushJain]

👍

[@pkvoice4323]

Amazing sir.pvt Ltd company making. complete process with annual complete compliance completed 1 video please sir.

[@AnkushJain]

👍

[@manojsonkusare1034]

What is the third party bank Guarantee

[@AnkushJain]

@@manojsonkusare1034 kzbin.info/www/bejne/pqqchI2rlq5jZsU

[@roshanjha9812]

Hi, How to check if for an borrower Bank Guarantee Invoke in past?

[@AnkushJain]

From bank statement and from cibil

[@satishjadhav9922]

Nice . Thank You Sir

[@AnkushJain]

Your welcome 👍

[@rahulwagh6070]

Superb video sir. One confusion, if bank is getting hard collateral then why demand cash margin also in bg & lc both?

[@AnkushJain]

It is required to keep promoter margin in the exposure in check

[@rahulwagh6070]

Sir any bg issued for receiving advance money of contract is financial bg ?

[@AnkushJain]

Yes

[@rahulwagh6070]

Sir is there any RBI requirement to keep minimum claim period of 12 months apart from main tenure? Suppose my bg tenure is only 7 months then also am I required to keep 12 m claim period additional?

[@AnkushJain]

I am not sure about it. I don't think RBI steps into such matters. As per my understanding, these terms are settled between the bank, borrower and beneficiaries altogether. But again I am not sure if RBI has a say in this. It could be possible that RBI actually has guideline for this

[@MONUKUMAR-xu7xg]

Hii, Nice vedio. 1. Please make one short vedio for How to calculate Loan eligibility for BG Assessment with some Example. What additional docs to be taken to Assess Financial BG and Performance BG. 2. Concept of Claim Period in BG Tenor and is it included in Total tenor and why. 3. Does Borrower need to give Cash Margin for sub-limit as well and whether can we take this as Collateral Value in LTV Calculation anyhow. 4. Difference between Inland LC and Financial BG, seems same, can it be used interchangeably. 5. How to Check BG invocation or LC devolvement done in past or not- from Banking/CIBIL or any other method. 6. Is it possible that we give BG without mentioning names of Beneficiary, like open ended BG as Borrower needs to issue BG to multiple PSUs and Private parties as well. If this possible. 7. Is onerous Clause BG issued practically by Banks and generally when and to whom it is issued, any example. Thanks.

[@AnkushJain]

Hi, for point no. 1, i will make a video on BG assessment. There is no additional doc for financial or performance BG. Requirement is stipulated by agreement only. For point no. 2, claim period is over and above the tenor of BG. It is the period upto which the claimant can ask for claim from bank for non compliances till the main tenor of BG. Usually bank sanction max. Period of BG including the claim period itself since the liability of the bank can arise till the claim period. For point no. 3, cash margin need to be submitted for sublimit as well. But for sublimit case, the said cash margin can not be included in LTV calculation.

[@AnkushJain]

For point no. 4, LC facility is used for shorter tenor like 90-120 days while BG are normally taken for higher tenor. Further, BG issuance is usually allowed to corporates/good rated entities and they are not issued in normal course to normal MSME 's. Further, in LC, documents tracking is done as per terms of LC but there is no such process in BG

[@AnkushJain]

For point no. 5, invocation is best checked from banking itself. Since there is no account statement of BG or LC, so you can't check it. Further, cibil and crilc report can also be used to check it

[@AnkushJain]

For point no. 6, usually it is not allowed but if issuance is to PSU then standard condition can be marked that BG only to be issued to PSU. Further, issuance of open ended BG to private parties is not done by banks unless they are 100% cash backed

[@AnkushJain]

Onerous clause BG are issued practically as well. That can be to anyone. For example I have a customer who gives BG to reliance and it is onerous clause since reliance had its own terms which were not followed by the bank as per it's normal standard. But still we had issued the same considering it onerous BG. All the clauses that I mentioned in the video are practical only

[@CAJeevanChandak]

Hii ankush. I have a client who do not have CC limits or any account with us and RBI says we should refrain from giving BG to such constituents so is this correct interpretation of Master circular or I'm going wrong

[@AnkushJain]

Yeah standalone BG limits are not allowed as per RBI.. you need to give fund based exposure also

[@CAJeevanChandak]

@@AnkushJain but if ypu read master circular safegaurds it has written what we should do if we wanna give it to those constituents who do not have any fund based exposure. Thus it's creating confusion

[@AnkushJain]

Can you share me the link

[@CAJeevanChandak]

@@AnkushJain rbi circular of bg safegaurds para date 22 april

[@AnkushJain]

Will check

[@yogeshsingla5165]

Excellent

[@AnkushJain]

Thank you 👍

[@vishaldev7729]

Sir there are various BG's issued on custom payments or for bid of contracts? What are those BG's??

[@AnkushJain]

Yeah they are called by different names but the end concept of financial/performance remains the same.

[@MONUKUMAR-xu7xg]

​@@AnkushJainI think BG issued on Custom- 100% FD Margin is taken, Pls correct me If I am wrong.

[@MONUKUMAR-xu7xg]

@ Ankush, Please reply

[@OmparkashRai-wv2zd]

SIR, BANK GUARANTEE GOVERNED OR REGULATED BY WHICH GUIDELINES? UCPDC OR WHAT ?

[@AnkushJain]

No, normal BG text and contract terms

[@OmparkashRai-wv2zd]

Thank you sir

[@AnkushJain]

👍

[@PristineAnimation]

Helpful

[@AnkushJain]

Thank you

[@salonijain2991]

Hello sir did paymemt of rs. 200 to join your channel if i want talk to you live then what to do

[@AnkushJain]

Pl join the telegram group where we can chat regularly. If you want to talk to me regularly then there is 3999 plan for this

[@gopalkrishna8977]

Sir also cover on Third party BG'S

[@AnkushJain]

Check this members only video kzbin.info/www/bejne/pqqchI2rlq5jZsUsi=zjH4yJSCabe5uDax

[@gopalkrishna8977]

Thank you very much

[@AnkushJain]

Your welcome

[@RakeshPandey-el4ke]

Your lectures are amazing, I'm learning a lot about WC Products, Request you to make a video on leverage.

[@AnkushJain]

Thank you. Leveraging pe aaj daalna tha lecture but due to some health issue, could not prepare. Will do next week

[@RakeshPandey-el4ke]

@@AnkushJain will wait for the same and take care 🙂🙏

[@AnkushJain]

Thank you

[@OmparkashRai-wv2zd]

HI SIR, YOUR VIDEOS ARE REALLY VERY INFORMATIVE AND FURTHER I WANT TO KNOW REGARDING OPEN ENDED BANK GUARANTEE, PLEASE PROVIDE INFORMAITON REGARDING THIS LIKE ITS ITS TIME PERIOD, LIABILITY CLAUSE ETC.

[@AnkushJain]

Ok

[@OmparkashRai-wv2zd]

Sir i want to know regarding open ended bg as i have worked on the close ended bg but not on open ended bg and further following are also interview questions which i face: 1) what is open ended bank guarantee and can bank issue the same ? 2) if bank guarantee is issued for maximum period of 10 years then why bank will issue open ended bank guarantee in which there is no expiry period ? 3) for what period bank will take bank charge for open ended bank guarantee ? 4) does bank issue open ended bank guarantee 100% fd back or what ? 5) really there is concept of open ended bank guarantee in which there is no expiry period and liabilities clause for bank ? sir i want full clarity on open ended bank guarantee as i fumble when these questions are asked.

[@AnkushJain]

Ok I will check

[@OmparkashRai-wv2zd]

@@AnkushJain, SIR I WANT INFORMATION ON THIS, EITHER YOU MAKE VIDEO OR DO SOMETHING

[@AnkushJain]

Ok

[@arvindsharma6752]

Amazing!!!!

[@AnkushJain]

Thank you

[@KHUSHIAGRAWAL-cq8ot]

Kese pata chalega invoke hui h bg

[@AnkushJain]

@@KHUSHIAGRAWAL-cq8ot banking se, cibil se etc.

[@KHUSHIAGRAWAL-cq8ot]

Ok

[@timetraveller9888]

Sir please make vedios related to FFR REPORT

[@AnkushJain]

Can you elaborate this term? FFR?

[@MONUKUMAR-xu7xg]

What is FFR ?

[@venkateshkattela5330]

Top class presentation on BGs. I stumbled upon right channel. Thank you Ankush ji.

[@AnkushJain]

Thank you 🙏

[@caaman93]

👏👏👏

[@AnkushJain]

Thank you

[@NaveenKumar-wk1jt]

Hi sir it's so detailed and simple video I need suggestion on FBG can we talk Kindly share your mail or no

[@AnkushJain]

You can chat with me on LinkedIn

[@NaveenKumar-wk1jt]

@@AnkushJain I only use Facebook and whatsapp if you can share Facebook I'd I will talk on that

[@rajureddy224]

Ur vedios are excellent but too lengthy.. Try to brief in short vedios

[@AnkushJain]

Thank you. Yeah latest videos are shorter in length