An independent undertaking by a bank to pay the beneficiary the amount stated in the letter if a defined risk materialises.
All termsA bank letter of guarantee is a document issued by a bank, at its customer's request, addressed to a beneficiary and undertaking to pay the stated amount if a defined risk materialises. Turkish courts characterise it as a guarantee contract, independent of the underlying transaction.
Public tenders, construction contracts, lease relationships and court securities are its main fields of use. Where the letter is payable on first written demand, the bank must in principle pay without raising defences arising from the underlying relationship.
The bank's liability is confined to the wording of the letter, and for fixed-term letters the demand must be made within the term. Against abusive demands, the account party's main remedy is a preliminary injunction, which is granted only under strict conditions.
Kefalet ile karıştırılmamalıdır: kefil asıl borçlunun borcuna bağlı sorumluluk taşır, teminat mektubunda ise banka bağımsız bir ödeme taahhüdü altındadır.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.