文档介绍：担保与银行保函
先诉抗辩权
当债权人向保证人请求履行保证债务时，保证人基于先诉抗辩权，可以拒绝债权人的请求，而要求债权人先就主债务人的财产强制执行，只有在主债务人的财产被执行以后仍不够清偿债务时，保证人才应就剩余部分的债务负责。
在parties ;
The type and purpose of the guarantee;
The description of background of opening the guarantee and the relative reference number;
The value and currency of the guarantee;
The duration and expiry date of the guarantee;
Obligations and rights of basic parties;
The undertaking clause;
Arbitration clause
Basic contents
Date
22
Demand guarantee?
ADVANCE PAYMENT GUARANTEE We have been informed that __________________(hereinafter called “the Supplier”) has entered into a contract no. _________________for the supply of one (1) licensee built _________________________.
Furthermore, we understand that, according to the conditions of the contract, an advance payment in the sum of USD _____________corresponding 20% of the contract price, is to be made against an advance payment guarantee. At the request of the Supplier, we Nordea Bank Finland Plc hereby guarantee as for our own debt to pay you any sum or sums not exceeding in total an amount up to ________________(USD dollars _________________), in case the Supplier is obliged to repay the said advance payment in accordance with the contract. It is a condition for any claim and payment to be made under this guarantee that  the advance payment referred to above must have been received by the supplier on his account number _________   This guarantee shall expire on 15th April 2009 at the latest.
Consequently, any claim for payment under it must be received by us on or before that date and should we receive no claim from you by that date our liability will cease “ipso facto” and the present letter of guarantee will definitely become null and void.
Date
23
At the request of the Supplier, we Nordea Bank Finland Plc hereby guarantee as for our own debt to pay you any sum or sums not exceeding in total an amount up to ________________(USD dollars _________________), in