Bank Of Independent Guarantees To Risk Prevention And Control Of Legal Issues

Since the 70s of the 20th century, to meet the needs of the development of international trade, the emergence of a new way of security-the independent guarantee. Guarantees a high degree of independence of its independent, strong security and trade facilitation payments and other characteristics, which corresponds to the international economic and trade development and the needs of the parties has become the mainstream and trend of international security. However, the unique features of the independent bond just as a double-edged sword, in the development of international trade facilitation, security, financial services, but also to guarantee bank brought a number of risks, both from the beneficiaries of which the applicant's risk and counter-guarantee, there are terms of the guarantee inherent risk. So, as an independent guarantee bank guarantees the main bearer of risk, how to strengthen prevention and control these risks, especially when faced with claims of fraud beneficiaries, how cautious in order to guarantee that the bank not only to their own interests, it is about the reputation of the domestic banking sector and its international competitiveness. Focus of this study is to combine the independent guarantee bank practice, analyzes the Bank Guarantee in a separate legal risks facing the business and propose specific measures to deal with risks, as an independent guarantee bank business smoothly and effectively prevent and control laws Risk advice. This article consists of three parts, as follows:The first part is an independent guarantee bank's fundamental problems. The summary describes the main part of the bank guarantee of the meaning of independence, legal attributes, and the direct and indirect security guarantees and the legal relationship between the parties is analyzed.The second part is independent bond banks in the legal risks faced by business. Including the applicant from the bond, guarantee beneficiaries, security aspects and terms of the guarantee against the risk. With related practices, specifically addressed the risk of bank guarantees as an independent who is mainly responsible for the legal risks faced by the types, causes and manifestations.The third part is an independent guarantee bank legal risk prevention and control recommendations. Bank Guarantee for an independent legal risks facing the business, make prudent to do prior legal review, including the credit status of the parties, review the terms of the guarantee, etc., as well as the beneficiary of fraud claims, and strategies for effective risk control options recommended...