当前位置:首页 > 范文大全 > 担保书 > 正文
 

最高额不可撤销担保书

发布时间:2024-04-27 04:20:38 影响了:

以下是博文学习网为大家整理的关于最高额不可撤销担保书的文章,希望大家能够喜欢!

最高额不可撤销担保书篇一:最高额不可撤销担保书 英文版

English translation for reference only. Should there be any inconsistency between the Chinese and English versions, the Chinese version shall prevail.

Irrevocable Guarantee of Maximum amount

Number:

To: China Merchants Bank Co.,Ltd (Hereinafter referred to as Party A)

Whereas

Party A company (hereinafter referred to as the “Credit Applicant”) signed No. Credit Awarding Agreement (hereinafter referred to as “Agreement”) (YY/MM/DD). According to the Agreement, between(YY/MM/DD) and (YY/MM/DD) the credit awarding period (hereinafter referred to as “Credit awarding Period”), your bank shall provide the credit line of total amount 50 mm RMB (including the equivalent of other currency) (hereinafter referred to as “Credit Line”).

Upon request of the Credit Applicant, we, as being guarantor, agree to issue this guarantee letter in favor of the beneficiary for the Credit Applicant willing to undertake any jointly liabilities of debts in your bank under the following terms and conditions:

Article 1 Guarantee of Maximum Amount

1.1 In the period of credit awarding, Party A shall have to right to provide Credit Applicant loan or other credit warding by several times; Credit Applicant shall have the right to reuse the revolving line of credit by category of line, but not applicable for the One-time line of credit. The amount, duration and concrete uses of per loan or other credit awarding can be stipulated by specific contracts.

Due date of specific business can be later than the due date of credit awarding agreement.

1.2 When the credit period is expired, if there is still balance of provided bank loan, advanced pay or other credit amount, Guarantor shall bear the warranty liability within the stipulated range of guarantee in article 2 of this agreement; If Party A claims for the recourse in according with the provisions under the Agreement or other specific contracts before the maturity of

credit, the guarantor shall bear the warranty liability within stipulated article 2 of this agreement.

1.3 Bank credit business provided by Party A to Credit Applicant during the period of credit awarding, such as trade acceptance, establishment of a letter of credit (including overriding letter of credit, the same below), L/G, letter of shipping guarantee etc. Even though external advances of Party A may not occur before, but indeed happened after the maturity of credit, Credit Applicant shall bear the warranty liability within the stipulated range of security guarantee in Article 2 of this agreement.

1.4 For the renewal agreement or alteration of valid provision upon the duration, interest and amount of specific business during the performance of specific business under Credit Awarding Agreement, or the adjustment of interest rate on the basis of Credit Awarding Agreement and/or specific contracts during the guarantee period. The Credit Applicant shall accept all this with no necessary to obtain the approval of Credit Applicant or notify Credit Applicant, and no effect to the guarantee responsibility of Credit Applicant stipulated by the contract as well.

1.5 If Party A’s received documents in letter of credit operation under Agreement be found to have discrepancy through Party A’s audit , but credit applicant accepted with the discrepancy, Credit Applicant shall also assume the guarantee responsibility with guarantee property for principle and interest of credit in Party A’s external acceptance or payment. Credit Applicant shall not propose the defense, not because of accepting with the discrepancy but without the approval of Credit Applicant or notify Credit Applicant.

1.6 The modification of L/C, L/G (or standby letter of credit), acceptance of letter of credit and extension of time for promised payment at maturity etc. Credit Applicant shall accept all this with no necessary to obtain the approval of Credit Applicant or notify Credit Applicant, and no effect to the guarantee responsibility of Credit Applicant stipulated by the contract as well.

Article 2 Scope of Guarantee

2.1 The security guarantee scope of this Agreement is sum of loan within the line of credit provided to Credit Applicant according to stipulation of Agreement and principal balance of other credit (maximum limit is ). And interest, default interest,

compound interest, penalty, fees to realize creditor’s right and other involved expenses include as well including but not limited to:

2.1.1 The released balance of loan amount and corresponding interest, default interest, compound interest, penalty, and other involved expenses by Party A on the basis of specific contracts under Agreement;

2.1.2 The balance of principle, interest, default interest, compound interest, penalty, and other involved expenses, which has been pay advanced for Credit Applicant in the cause of the performance of Party A’s obligation of payment of Commercial Draft, L/C, L/G and letter of shipping guarantee under Agreement.

2.1.3 Party A’s account receivable creditor's rights transferred from Credit Applicant, and corresponding overdue penalty (late fee) under factoring business. and/or the basic payment for purchase (basic purchasing funds) and relevant expenses of factoring paid by Party A to Credit Applicant;

2.1.4 The balance of principle, interest, default interest, compound interest, penalty, and other involved expenses, which has been pay advanced for Credit Applicant in the cause of the performance of Party A’s obligation of payment of trade financing business under Agreement.

2.1.5 After the establishment of a letter of credit interest requested by Credit Applicant, Party A authorizes the branch of CMB bank to open the covering L/C for beneficiary. Balance of debt principle of import documents advance and shipping guarantee and expenses of default interest, compound interest, penalty and other involved expenses for the opening of L/C;

□2.1.6 The original credit awarding agreement No. ( ) signed by and between Party A and Credit Applicant. The part of the unpaid balance in the specific business carried out under the original credit awarding agreement since the execution of this contract. (Tick the box□ in case the provision herein applies.);

2.1.7 Expenses for the enforcement recovery of the Credit Applicant’s debt(including but not limited to attorneys' fees,legal fees, advertising fees, delivery fee and travel expenses etc.).

2.2 As for revolving line of credit, if the provided loan or other balance of credit exceeds the amount, Credit Applicant shall not bear the warranty liability for the part in excess of the amount, but liability for the loan not yet exceeds credit amount or other balance of credit and interest, default interest, compound interest, penalty and other involved expenses.

Notwithstanding the foregoing, Credit Applicant is clear and definite that: Even though the loan or other balance of credit exceeds the credit amount at a point in time during the credit awarding, but all kinds of balance of credit no yet exceed the sum of credit amount when Party A requires Credit Applicant to assume the warranty liability. Credit Applicant shall not propose the defense with aforesaid provisions, but bear the jointly liability for all balance of credit and interest, default interest, compound interest, penalty and other relevant expenses etc.(subject to the clause of Art.2.1)

Article 3 Method of Guarantee

The Guarantor shall bear economical and legal liabilities of credit applicant in the range of guarantee stipulated in Article 2. Party A shall have the right to claim to the guarantor directly with no necessary of prior of claim or make lawsuit to credit applicant, if the credit applicant fails to repay all the loans, advanced pay and the involved interest and relevant expenses according to Agreement and/or specific contract stipulations, or when occurs any breach cases under Agreement and/or any specific contracts.

Even though the credit applicant has already paid the debts under this Agreement while still has mortgage, pledge or other guarantees, Party A still shall enjoy the right to claim for all the debts to guarantor under this Agreement with no necessary of prior disposal of mortgage, pledge or the goods, documents under trading financing and no need claim to the other guarantors first.

The notice of claim from the bank is summative, and the Guarantor has no objections to this. Guarantor agrees to pay all the debts under this Agreement in five days after receiving claim notice from Party A, with no request of any certificates or other documents from Party A. Except otherwise when there happens obvious and major mistake, guarantor accepts that the

claim amount from Party A is correct.

Party A has the right to adopt any manner it considers appropriate, including but no limited to fax, mail, personal delivery, publications on the media etc for the collections from Guarantor.

Article 4 Guarantee Period

Guarantee period means the period from the date of execution of this agreement to expiration time of lawsuit of each credit debt or other financing or the due date of the accounts receivable rights which the bank gives or each advance payment date plus two years under Agreement. For each specific awarded credit extend, guarantee period shall be extended by two more years from expiration date.

Article 5 Independence of Guarantee Letter

The guarantee letter is independent, continuous valid, irrevocable and unconditional without the influence of Agreement; nor any agreement/document signed between Credit Applicant and any person/organization; nor change due to cheat, reorganization, closing, dismission, bankruptcy, audit, consolidation, separation, reform of a company of Credit Applicant; nor the tolerance, grace or postponement in performance of the creditor’s rights and interests of Credit Applicant under Agreement.

Even though, mortgage or guarantor at the same time, thus Party A waives the sequence of mortgages, waives, alters or annuls other mortgage, alters, annuls the liability of guarantor, or Party A requires Credit Applicant to assume the warranty liability first.

Article 6 Guarantor hereby declares and guarantees:

6.1 Guarantor is a lawful established legal person or other organization which has warranty qualifications, or the guarantor is a natural person who has full capacity of civil conduct (ID No.: ), willing to undertake warranty liabilities under Agreement with all what he has or what he has the right to dispose.

6.2 Presented letter of guarantee has been authorized or approved by competent authority such as upper level management /board etc.

最高额不可撤销担保书篇二:担保书(详细版)

担 保 书

公司:

本人 男(女),身份证号码为 愿意为 男(女)身份证号码为 (以下简称被担保人),按下列条件向贵公司提供担保: 一、 担保范围

(一) 保证被担保人严格遵纪守法,严格遵守贵公司规章制度

(二) 保证被担保人在贵公司履行职务或工作期间,不以盗窃、商业侵占、挪用公司资金、收受贿赂等任何手段

侵犯贵公司或贵公司客户利益,不做有损于贵公司形象和声誉的事;

(三) 保证被担保人不出资经营或不从事与贵公司相同或相似的营业,不做任何兼职工作; (四) 保证被担保人严格保守贵公司营销网络、工艺、技术等商业秘密;

(五) 保证被担保人对因其工作失职、渎职、失职以及损毁公司财物而给贵公司造成的损失及时赔偿;

(六) 保证被担保人在因离职以前向贵公司移交有关的业务、帐务和相关资料,并办理贵公司规定的一切相关手

续;

(七) 保证被担保人在因任何原因离职以前,清理完结其经办的相关客户全部拖欠货款或其他形式的债务,如未

能及时足额清结,应与工作交接人列明交结明细,交接清楚。

二、若被担保人因不遵守、不履行上述约定给贵公司造成损失而未能及时进行赔偿时,本人在此不可撤

销地同意对被担保人所承担的赔偿责任向贵公司提供连带责任保证。 三、担保期间:

本担保书项下的保证期间,自担保人签字确认生效日起。 四、不可撤销

(一) 本担保书项下的连带责任保证不因贵公司与被担保人所订立的劳动合同内容发生任何变更、修改或补充而撤

销或变更;

(二) 本担保书项下的连带责任保证不因贵公司与被担保人的劳动关系解除、终止而撤销或变更; (三) 本担保书项下的连带责任保证不因被担保人向贵公司提供其他任何形式的担保而撤销或变更。

五、附件:担保身份证复印件及户籍证明复印件。

六、担保人概况(本项由担保人自行填写或对保人协助填写后请担保人签字确认,若填写错误或故意隐

瞒实情,仍需负人事保证责任);

与被担保人关系:□父子□母子 □夫妻 □其他工作单位名称:联系电话: 工作单位地址:传真号码: 家庭详细地址:邮政编码: 联系电话: 手机号码:

附:

担保人家庭情况调查表

如有重要说明请补充:

经办人签名:

年 月 日

最高额不可撤销担保书篇三:担保合同中英文对照

担保合同中英文对照 供参考

担保协议Guarantee Agreement 担保合同,(适用于银行担保项下)(Applicable to Bank

Guarantee)

1.作为委托人的(以下称“委托人”)和

2.作为保证人的XX银行股份有限公司 ( 以下称“保证人” )签署。

This Guarantee Agreement (hereinafter referred to as the “Agreement”) is made and entered into

as of (M/D/Y) between as the Client (hereinafter referred to as the

"Client") and Branch, China XXXX Bank as the Guarantor (hereinafter referred to as the

“Guarantor”).

□本协议构成委托人与保证人签订的编号为 年 字第号的《授信协议》

(下称《授信协议》)的组成部分(本条适用的,在□中打“√”)。

The Agreement constitutes an integral part of the Credit Extension Agreement [20 ] No.

(hereinafter referred to as the “Credit Extension Agreement”) between the Client and the

Guarantor (if this paragraph applies, please click “√” in □).

鉴于:

Whereas

1.委托人或被担保人 (以下简称被担保人)与 于 年月日签署了总金额为 币 的编号为 的关

于 的合同/ 标书(以下简称“合同”),或委托人

或被担保人参加了招标书编号为 关于 项目的投标

(以下简称“投标”);

1. The Client or the Guaranteed (hereinafter referred to as the “Guaranteed”)

signed No.Contract on/ Bid Document totaling (Currency) (hereinafter referred to as the “Contract”) withon (M/D/Y), or the

Client or the Guaranteed participated in the tender forProject with Bid

Document No. (hereinafter referred to as the “Bid”);

2.委托人申请保证人为委托人或被担保人开立上述合同或投标项下以

为受益人(以下称“受益人”),金额 币 ,编号为 的保函/备用信用证(下称“保函”)。

2. The Client applies to the Guarantor to open No. Letter of Guarantee/Stand-by LC

(hereinafter referred to as the “Letter of Guarantee”) with an amount of(Currency)

under the above Contract or Bid for the Client or the Guaranteed with as

the Beneficiary (hereinafter referred to as the “Beneficiary”).

保证人同意应委托人申请按如下条件为委托人或被担保人向受益人开具上述保函:

The Guarantor agrees to issue the above letter of guarantee in favor of the beneficiary for the

Client or the Guaranteed upon request of the Client on the following terms and conditions:

第1条 在保证人开立保函之前,委托人应根据保证人的要求:

Article 1 Before the Guarantor issues the letter of guarantee, the Client shall upon request of the

Guarantor:

1.1 向保证人提供下列保障(以下项目根据实际情况打“√”选择):

1.1 Provide the Guarantor with the following security (please click “√” according to facts):

□1.1.1 在保证人处开立保证金账户(保证金账号为以保证金存入时甲方系统自动生成的帐

号为准),存入金额为 币 的保证金,作为委托人履行本协议项下各项义

务的质押担保,以备受益人索赔时偿付;和/或

□1.1.1 Open a guarantee fund account (A/C is generated automatically by Party A’s system when

the guarantee fund is deposited) with the Guarantor, and deposit a guarantee fund of

(Currency)as a pledge guarantee for the Client to perform each obligation under the

Agreement, and indemnify the Beneficiary at the time of claim; and/or

□1.1.2经保证人认可的企业法人、其他组织或自然人向保证人签发以保证人为受益人的不

可撤销反担保书;和/或

□1.1.2 Have any corporation, or other organization or natural person recognized by the Guarantor

issue the Guarantor with an irrevocable letter of counter guarantee in favor of the Guarantor;

and/or

□1.1.3以保证人接受的抵押物或质物抵(质)押给保证人,以作为偿付担保。双方另订抵(质)

押合同。(做删除标记)

本合同为《授信协议》项下具体合同的,本条款不适用,本合同项下债务自动纳入与保证人

签署了最高额抵/质押合同或向保证人出具了最高额不可撤销担保书的担保人的担保范围。If the Contract is a particular contract under the Credit Extension Agreement, this Article will be

inapplicable, and the obligations under the Contract will be automatically included into the scope

of undertaking by the undertaker signing a maximum mortgage/pledge contract with the guarantor

or issuing the guarantor with a maximum irrevocable letter of undertaking.

1.2应保证人要求向保证人提供下列文件的正本或经委托人法定代表人签字并加盖公章证

实为真实和完整的副本;

1.2 Upon request of the guarantor, provide the Guarantor with the original copies of the

following documents or the duplicate copies signed by the legal representative of the Client and

stamped with the official seal for proof of authenticity and integrity;

1.2.1委托人及/或被担保人的营业执照;

1.2.1 The business license of the Client and/or the Guaranteed;

1.2.2委托及/或被担保人的公司章程;

1.2.2 The articles of association of the Client and/or the Guaranteed;

1.2.3委托人全体现任董事名单及签字样本;

1.2.3 The name list and the specimen signature of all the current directors of the Client;

1.2.4同意委托人签署并执行本协议的委托人的董事会决议;

1.2.4 The resolution of the board of directors of the Client approving the Client to sign and

execute the Agreement;

1.2.5委托人或被担保人与受益人签署的合同;或受益人的招标文件,投标人的投标文件;(做

删除标记)

1.2.6委托人的上年度财务报表及审计报告书,以及申请前一个月的财务数据;

1.2.6 The Client’s financial statements and auditor’s report for the last year, and financial data for

the month before the application;

1.2.7抵押物或质物的权属证件(若有抵押物或质物时);(做删除标记)

1.2.8保证人要求的其他资料。

1.2.8 Other materials as requested by the Guarantor.

上述手续或材料以保证人实际要求的为准,并且为保证人应享有的权利而非义务,有关手续

或材料是否完全齐备对本协议效力不构成影响。

The provision of the above formalities or materials shall be based upon the actual request of the Guarantor, which is a right entitled to but not a duty assumed by the Guarantor, and their completeness and fullness will not affect the legal force of the Agreement.

华译网翻译公司提供专业担保合同翻译服务。Shanghai Chinese consecutive interpretation service

华译网翻译公司提供专业同声传译服务。

第2条 委托人在此向保证人声明、承诺和保证如下:

Article 2 The Client hereby makes a declaration, commitment and warrant to the Guarantor as follows:

2.1委托人为依照中华人民共和国法律正式成立及有效存在的商事主体,有充分的民事行为能力签订和履行本协议;

2.1 The Client is a commercial subject legally incorporated and validly in existence under the laws of the P. R. of China, and has full civil capacity to sign and perform the Agreement;

2.2委托人有合法的资格签署及履行本协议,签订和履行本合同已获得董事会或任何其他有权机构的充分授权;

2.2 The Client is eligible to sign and perform the Agreement, and has obtained the full authorization of the Board of Directors or any other competent authorities to sign and perform the Contract;

2.3 委托人或被担保人有合法资格与受益人签署合同,有足够的能力履行与受益人签署的合同;委托人保证委托人或被担保人履行与受益人签署的合同,并有义务及时向保证人通报履约情况及出现的问题;

2.3 The Client or the Guaranteed is eligible to sign the Contract with the Beneficiary, and has full capacity to perform the Contract signed with the Beneficiary; and the Client undertakes that the Client or the Guaranteed shall perform the Contract signed with the Beneficiary, and has duty to inform the Guarantor about the performance of contract and any issue arisen in due course;

2.4 委托人接受和认可保证人向受益人开立的保函的内容;

2.4 The Client accepts and acknowledges the contents of the letter of guarantee issued by the Guarantor to the Beneficiary;

2.5 委托人保证不使保证人因为开具保函而蒙受任何损害和损失;

2.5 The Client undertakes to protect the Guarantor from any damage or loss as a result of issuing the letter of guarantee;

2.6 委托人无条件地同意保证人按有关法律规定及/或在无其他约定的情况下按办理保函项下的一切事宜,并承担由此产生的责任;

2.6 The Client unconditionally agrees the Guarantor shall handle any matters under the letter of guarantee according to the relevant provisions of the laws except otherwise stipulated, and assume any liability arisen therefrom;

2.7委托人保证当受益人向保证人索赔时,委托人无条件承担第一位付款责任;

2.7 The Client undertakes that where the Beneficiary claims against the Guarantor, the Client shall unconditionally assume the primary liability for payment;

2.8委托人保证保函项下的项目符合国家有关法律法规的规定,由于项目本身而产生的一切经济和法律责任由委托人承担,与保证人无任何关联;

2.8 The Client undertakes that the project under the letter of guarantee conforms to the provisions

of the laws and regulations of the state, and any economic and legal liability arisen from the project itself shall be only borne by the Client, but have no relationship with the Guarantor;

2.9委托人同意按本协议规定,按期足额支付上述保函项下的依照保证人要求应付的各项费用;

2.9 The Client agrees to duly pay in full any expenses payable under the above letter of guarantee upon request of the Guarantor according to the provisions of the Agreement;

2.10 委托人同意保证人仅有义务审核保函项下受益人提交的索赔文件、单据或证明(以下统称“索赔文件”)的表面真实性,而不对索赔文件所述事实的真实性负任何责任;

2.10 The Client agrees that the Guarantor only has duty to examine the apparent authenticity of the claim documents, vouchers or certificates (hereinafter uniformly referred to as the “claim documents”) submitted by the Beneficiary under the letter of guarantee, but assume no liability for the authenticity of the facts stated in the claim documents;

2.11委托人同意当因汇率波动或可能发生波动或保函修改等原因导致保证金账户资金不足时,将按保证人的要求不时存入足额资金,该资金自存入保证金账户之日起视为特定化并移交保证人占有,作为委托人履行本协议项下各项义务的质押担保;

2.11 The Client agrees to deposit adequate fund from time to time upon request of the Guarantor where the guarantee fund account falls short due to any movement or would-be movement of exchange rates or any amendment to the letter of guarantee, and such fund shall be deemed as designated and handed over to the occupancy of the Guarantor as of the date when it is deposited into

最高额不可撤销担保书

the guarantee fund account as the pledge guarantee for the Client to perform each obligation under the Agreement;

2.12 委托人同意在办理保函业务时,如邮电、电讯传递过程中发生的任何延误、遗失、残缺或其他差错,保证人无须承担责任;

2.12 The Client agrees that the Guarantor shall assume no liability for any delay, loss, defect or other error incurred in the process of posts and telecommunications transmission at the time of handling the guarantee business;

2.13 委托人保证按季向保证人报送贷后检查所需财务数据及与保函业务相关的资料。

2.13 The Client undertakes to submit the Guarantor with any financial data required for post-loan examination and any materials related to the guarantee business quarterly.

相关热词搜索:撤销 高额 担保书 不可撤销电影 不可撤销2

相关文章
最新文章

Copyright © 2008 - 2017 版权所有 博文学习网

工业和信息化部 湘ICP备09005888号-2