This lease is designed for a bank that occupies part of the ground floor of an office building or complex in a suburb. The bank also rents a separate area for its ATMs located on the first floor of the building lobby. The lease gives the tenant the protection that there will be no other banks in the complex that contains the premises. The issue of these instruments is not covered by specific prudential rules. All agreements between the three parties are covered by private contract law and the obligations of the parties are detailed in the written contracts concluded between them. Banks typically show up to lend against a lease or future rent receivables. Some of the major banks that offer loans against a lease are listed below. But there are some banks that insist on offering loans only for the lease of a commercial property, because rents are much higher in this segment. The second characteristic, independence, is that the bank`s obligation to pay has nothing to do with a case or dispute between the lessor and the lessor. This means that if the beneficiary/lesse decides to benefit from the guarantee, the applicant can generally do nothing to stop it. There are exceptions to the independence of this instrument, even if the recipient acted fraudulently, illegally or unscrupulously to obtain the guarantee or to ask him to pay.
If the plaintiff/tenant believes that the beneficiary is acting illegally, he or she can apply to the Court of Justice for an injunction, either to terminate the bank that pays the guarantee or to prevent the recipient from filing a claim for payment until his complaints about the claim can be heard. In the absence of these events, the bank will make the payment at its request without further indication from the applicant. For homeowners, bank guarantees would be preferable without an expiry date, but some Australian commercial banks are reluctant to issue such instruments without an expiry date. If the guarantees expire, the beneficiary/landlord must keep a record of all guarantees provided by all tenants and ensure that replacement guarantees are provided before the instrument`s expiry date.