The Bank Guarantee Return Letter is a crucial document in Belgian business transactions where bank guarantees are used as security instruments. It is typically prepared when a company has fulfilled its contractual obligations and seeks to reclaim the bank guarantee provided earlier. Under Belgian law, particularly the Belgian Financial Security Law and Banking Law, this document must include specific elements such as clear identification of the original guarantee, confirmation of obligation fulfillment, and proper authorization. The letter serves as formal evidence of the request for return and helps maintain a clear audit trail for both the requesting company and the bank. It's particularly important in international business transactions where Belgian subsidiaries or branches of international companies need to manage their contingent liabilities and banking relationships effectively.
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1. Letter Header: Company letterhead, date, and recipient bank's full address
2. Reference Information: Original bank guarantee number, issue date, and amount
3. Underlying Contract Details: Reference to the contract or obligation for which the guarantee was issued
4. Confirmation of Obligation Fulfillment: Statement confirming that the obligations secured by the guarantee have been fully met
5. Return Request: Formal request for the return of the original bank guarantee document
6. Contact Information: Details of the person to be contacted for any queries or return coordination
7. Signature Block: Authorized signatory details and signature
1. Multiple Guarantee References: Additional section needed when requesting return of multiple related guarantees
2. Partial Return Request: Used when requesting return of only a portion of the guarantee amount
3. Supporting Documentation Reference: Section listing attached documents proving completion of obligations
4. Return Instructions: Specific instructions for physical return of guarantee document if not standard procedure
5. Authorization Evidence: References to power of attorney or other authorization documents if signatory is not a known authorized person
1. Original Guarantee Copy: Copy of the original bank guarantee for reference
2. Completion Certificates: Any relevant certificates or documents proving completion of the underlying obligation
3. Authorization Documents: Power of attorney or board resolution authorizing the signatory if required
4. Project Completion Evidence: Any relevant documentation evidencing that the project or obligation is complete
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