CAN A BANK BRANCH ISSUE A GUARANTEE BACKED BY ITS OWN HEAD OFFICE’S COUNTER-GUARANTEE? An unusual guarantee structure raises an important question: Can a bank obtain legal protection from a counter-guarantee issued by another part of the same bank? Mr. Old Man shares his views on the legal and credit risks involved. Question Dear Mr. Old Man, Our bank is considering a transaction in which our head office would issue a counter-guarantee, while our … Read More
ONE GUARANTEE ISSUED AGAINST MORE THAN ONE COUNTER-GUARANTEE (When one guarantee has two “parents”) INTRO Every now and then, a guarantee comes into this world with not one, but two proud parents — two counter-guarantors, each claiming their share of responsibility. Sounds like a happy family? Well, it can be… provided everyone knows exactly who pays what when the baby cries. That’s exactly the situation raised in this … Read More