Evergreen Letter Of Credit for Australia

Evergreen Letter Of Credit Template for Australia

An Australian-law governed Evergreen Letter of Credit is a specialized banking instrument that provides an automatically renewing financial guarantee from a bank to a beneficiary on behalf of an applicant. This document incorporates specific provisions under Australian banking regulations and international banking practices (UCP 600), featuring automatic renewal clauses that continue the credit facility until specific termination conditions are met. It provides enhanced security for long-term trading relationships while maintaining compliance with Australian financial services laws and international banking standards.

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What is a Evergreen Letter Of Credit?

The Evergreen Letter of Credit serves as a crucial financial instrument in Australian and international trade, providing ongoing financial security without the need for periodic manual renewals. This document is particularly valuable when parties require long-term, continuous credit support for their trading relationships, such as in recurring supply arrangements or ongoing service contracts. The automatic renewal feature distinguishes it from standard letters of credit, as it continues indefinitely until specific termination conditions are met and proper notice is given. Under Australian law, these instruments must comply with domestic banking regulations while adhering to international standards such as the UCP 600. The document typically includes comprehensive terms covering renewal mechanisms, termination procedures, drawing conditions, and compliance requirements, making it essential for businesses engaged in sustained international trade relationships requiring ongoing financial assurance.

What sections should be included in a Evergreen Letter Of Credit?

1. Bank Details and Reference: Issuing bank's details, letter of credit reference number, and date

2. Beneficiary Information: Complete details of the beneficiary including name, address, and banking information

3. Applicant Information: Complete details of the applicant including name, address, and banking information

4. Credit Amount and Currency: Specification of the maximum credit amount and currency

5. Automatic Renewal Clause: Terms and conditions of the automatic renewal feature, including renewal periods

6. Expiry Mechanism: Details of how and when the letter of credit can be terminated, including notice periods

7. Drawing Terms: Conditions and documentation required for drawing under the letter of credit

8. Governing Law and Jurisdiction: Specification of Australian law as governing law and relevant jurisdiction

9. Bank's Undertaking: The bank's commitment to honor drawings under the letter of credit

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

1. Transferability Clause: Include when the letter of credit needs to be transferable to other beneficiaries

2. Revolving Terms: Include when the letter of credit needs to revolve in value as well as time

3. Anti-Money Laundering Compliance: Include when dealing with high-risk jurisdictions or as required by bank policy

4. Electronic Presentation: Include when allowing for electronic presentation of documents

5. Force Majeure: Include when specific force majeure provisions are required beyond standard UCP terms

6. Multiple Currency Provisions: Include when drawings can be made in multiple currencies

What schedules should be included in a Evergreen Letter Of Credit?

1. Schedule 1 - Required Documents: Detailed list of documents required for drawing under the letter of credit

2. Schedule 2 - Fee Schedule: Breakdown of all applicable fees, charges, and commission rates

3. Schedule 3 - Authorized Signatories: List of authorized signatories for the applicant and/or beneficiary

4. Appendix A - Standard Drawing Forms: Templates for standard forms required for drawing under the letter of credit

5. Appendix B - Notice Forms: Templates for various notices including non-renewal, termination, and amendment notices

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Letter of Credit

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Manufacturing

Commodities Trading

Retail

Construction

Energy

Mining

Agriculture

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Trade Operations

Risk Management

Procurement

International Trade

Commercial Operations

Compliance

Banking Relations

Relevant Roles

Trade Finance Manager

Chief Financial Officer

Treasury Manager

Finance Director

International Trade Specialist

Banking Relationship Manager

Credit Manager

Risk Manager

Commercial Director

Procurement Manager

Supply Chain Manager

Legal Counsel

Company Secretary

Financial Controller

Trade Operations Manager

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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