JAIIB · PPB

Bank Guarantee

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Principles and Practices of Banking — JAIIB.

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Q

What is a Bank Guarantee?

A

A Bank Guarantee is a contract by which a bank (guarantor) undertakes to pay a specified sum to a beneficiary if the applicant (principal debtor) fails to fulfill a contractual or legal obligation.

Q

What is the primary obligation of a bank when a guarantee is invoked?

A

Bank must pay the beneficiary immediately without question.

Q

What is the difference between a primary liability and a contingent liability in a bank guarantee?

A

The bank's liability under a guarantee is contingent — it arises only if the principal debtor defaults. Until invocation, the guarantee represents a contingent liability for the bank.

Q

Who is called the 'applicant' or 'principal' in a bank guarantee?

A

The borrower or customer on whose behalf guarantee is issued.

Q

Under which Act are bank guarantees governed in India?

A

Bank guarantees are governed by the Indian Contract Act, 1872, specifically Sections 126 to 147 which deal with contracts of guarantee, surety, principal debtor, and creditor.

Q

Who is the 'beneficiary' in a bank guarantee?

A

The party in whose favour the bank guarantee is issued.

Q

Who are the three parties involved in a Bank Guarantee?

A

The three parties are the Applicant (principal debtor who requests the guarantee), the Beneficiary (in whose favour the guarantee is issued), and the Guarantor Bank (which issues the guarantee).

Q

What does 'guarantee commission' refer to in bank guarantees?

A

Fee charged by the bank for issuing the guarantee.

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