Performance Standby Letter Of Credit for United Arab Emirates

Performance Standby Letter Of Credit Template for United Arab Emirates

A Performance Standby Letter of Credit is a financial instrument issued under UAE law that serves as a guarantee of performance for commercial obligations. It represents an irrevocable undertaking by a bank to pay a specified sum to the beneficiary upon presentation of complying documents stating that the applicant has failed to fulfill their contractual obligations. The document is governed by UAE Federal Laws, particularly the Commercial Transactions Law and Central Bank regulations, while often incorporating international banking practices such as ISP98 or UCP 600. It provides a secure mechanism for parties to manage performance risk in commercial transactions within the UAE's legal framework.

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What is a Performance Standby Letter Of Credit?

The Performance Standby Letter of Credit is a crucial financial instrument in the UAE business environment, particularly used in large commercial transactions and projects where performance security is required. This document type provides an independent, irrevocable commitment from a bank to pay a specified amount upon documented evidence of non-performance by the applicant. The UAE legal framework, through its Commercial Transactions Law and Central Bank regulations, provides robust support for these instruments, making them a preferred choice for securing performance obligations. Performance SBLCs are commonly used in construction projects, international trade, and major commercial contracts where UAE entities are involved. The document typically includes specific drawing conditions, expiry dates, and documentary requirements, all structured to comply with both UAE law and international banking practices such as ISP98 or UCP 600.

What sections should be included in a Performance Standby Letter Of Credit?

1. Letter Reference and Date: Unique reference number and issuance date of the SBLC

2. Beneficiary Details: Full name and address of the party in whose favor the SBLC is issued

3. Applicant Details: Full name and address of the party requesting the SBLC

4. Issuing Bank Details: Name, address, and contact information of the issuing bank

5. Credit Amount: Maximum drawable amount and currency of the SBLC

6. Expiry Date: Clear statement of the expiry date and time of the SBLC

7. Form of Presentation: Required format and method for presenting documents for payment

8. Drawing Terms: Conditions and documentation required for drawing under the SBLC

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant jurisdiction

10. Applicable Rules: Reference to applicable rules (typically ISP98 or UCP 600)

What sections are optional to include in a Performance Standby Letter Of Credit?

1. Transferability Clause: Include when the SBLC needs to be transferable to another beneficiary

2. Partial Drawings: Include when multiple partial drawings are to be permitted

3. Language Preference: Include when the SBLC needs to be issued in multiple languages

4. Counter-Guarantee Reference: Include when the SBLC is issued under a counter-guarantee structure

5. Special Instructions: Include when specific handling or processing instructions are required

What schedules should be included in a Performance Standby Letter Of Credit?

1. Schedule A - Form of Demand: Template for the beneficiary's written demand for payment

2. Schedule B - Form of Certificate of Default: Template for certifying the applicant's default under the underlying obligation

3. Schedule C - Description of Underlying Performance Obligation: Details of the contract or obligation being guaranteed

4. Schedule D - Authorized Signatories: List of persons authorized to make drawings under the SBLC

5. Appendix 1 - Required Documents Checklist: Checklist of all documents required for a complying presentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Real Estate Development

Oil and Gas

Manufacturing

Energy and Utilities

Maritime and Shipping

Aviation

Government and Public Sector

Relevant Teams

Legal

Finance

Treasury

Project Management

Contract Administration

Risk Management

Procurement

Trade Finance

Corporate Banking

Compliance

Credit Risk

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Contract Manager

Project Manager

Legal Counsel

Banking Relations Manager

Risk Manager

Commercial Director

Procurement Manager

Trade Finance Manager

Corporate Banking Officer

Compliance Officer

Credit Risk Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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