Model Of Multilateral Investment Guarantee Contract

Model of multilateral investment guarantee contract

The guaranty authority: the right of security: the people who are the right of security:

The Multilateral Investment Guarantee Agency: it is a group of investment guarantee agencies.

　　鉴于：_________(甲)担保权人拟投资于_________(“项目企业”的名称和主要业务地);_________(乙)作为这一投资安排的一部分，担保权人于______年_____月_____日业已与________(东道国)政府缔结了_______(担保协议的名称)，其核准副本业已提供给多边机构;_________(丙)担保权人业已向多边机构申请担保与这一投资及其担保协议有关的某种非商业风险;以及_______(丁)多边机构，经东道国政府的同意，业已同意按以下所规定的条件，提供该担保;有鉴于此，有关各方协议如下：

First general principles

The parties concerned hereby believe that all the terms and conditions of the general agreement on security property investment (hereinafter referred to as the general principles) of the multilateral institutions shall be part of this contract and shall have the same effect, as they are fully stipulated in the contract, subject to the amendment of schedule a.

The terms used to begin capitalization are defined in the general rules.

Second guarantees investment

The guaranteed investment shall be a project enterprise owned by the guarantor of the rights and interests of the project owner, who has obtained the shares from the company or the other contributors. However, the number of shares must be adjusted to reflect the share split, stock dividends or similar indicators and to be included in the additional shares of the contract as stipulated in the following sixth articles.

Third article

In accordance with the terms of this contract and taking into account the premium paid under the seventh clause, the multilateral agency agrees to compensate the guarantor of the amount of any loss incurred in the guarantee period by any direct result of any of the following risks, including the percentage of the guarantee investment or any loss of his income.

(1) pfer restriction;

(2) requisition;

(3) breach of contract; or

(4) war and civil strife.

Fourth article

The term of guarantee shall start on the signing of this contract (contract date) on behalf of a multilateral institution, and terminate any earlier date of this contract under the seventh chapter of the general rules.

Fifth guaranteed currencies

Multilateral institutions and security holders shall apply all payments made under this contract by means of the "guarantee currency".

Sixth guarantee amount and reserve guarantee amount.

Under no circumstances, the total amount of any compensation and total compensation under this contract shall not exceed the amount of the amount of the "guarantee", unless, according to the twenty-ninth article of the general rule, the amount of the amount is increased by no more than the amount of the sum of the amount of the "reserve guarantee", and shall be reduced in the circumstances specified in article thirtieth.

Seventh premium

In the period of guaranty, the guaranty holder shall pay the annual premium to the multilateral institutions in proportion to the percentage of the gross amount of the guarantee amount plus the% of the reserve guarantee amount.

The premiums for the first year shall be the amount of the amount, and shall be paid on the date of the contract.

The annual premium should be paid on or before the date of the contract, and it should be calculated on the basis of the guarantee amount and reserve amount that will take effect on the date of such insurance premium.

Eighth accounting principles

For the purposes of this contract, the financial statements of the project enterprises or the financial statements of the enterprises concerned should be compiled according to the accounting principles generally recognized by the company.

Ninth term of default

For the purpose of breach of contract guarantee, the period specified in the general clause ninth (b) shall be the year of the year when the security holder has brought a judicial or arbitral proceedings against the non execution or breach of claims.

Guarantee of tenth guarantee application forms

The guaranty holder understands that the conclusion of this contract by a multilateral institution is based on the information and statements contained in Schedule B attached to the secured determinant application form after this contract.

The guaranty holder expresses and guarantees that such information and statements are accurate and complete in all important aspects on the date of their signing of the contract; however, this guarantee shall not be extended to the relevant prediction and estimation errors, if:

(1) neither the security owner nor the project company knew such errors on the date, or even if they were very careful in doing so, they could not have known such errors.

(2) when the security owner or project company knows this mistake, the guaranty person promptly notified the multilateral institution.

The eleventh arbitration

In accordance with the restrictions set forth in Section 3.1 of general rules, any dispute arising out of this contract or in relation to this contract shall be settled by arbitration in accordance with the arbitration rules specified in general rule third, and arbitration proceedings shall be conducted in the cities and the state.

Twelfth addresses

The following address shall be specified for the purposes of the sixth article of general rule: the right of security: the person of security, the organization of the multilateral institutions: the "right" and "the".

The thirteenth entry into force

This contract shall take effect on the date of the contract.

The parties concerned shall, through their authorized representatives, sign their own certificates together with their respective names.