Non Transferable SBLC for Canada

Non Transferable SBLC Template for Canada

A Non-Transferable Standby Letter of Credit (SBLC) is a formal banking instrument governed by Canadian law that provides a guarantee of payment from a bank to a beneficiary on behalf of an applicant. This document represents an irrevocable commitment by the issuing bank to pay a specified sum upon presentation of compliant documents, while explicitly prohibiting transfer or assignment to another party. The instrument incorporates provisions that comply with Canadian banking regulations, provincial contract laws, and international banking practices, while maintaining its strict non-transferable nature to ensure security and controlled use of the credit.

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Non Transferable SBLC

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What is a Non Transferable SBLC?

The Non Transferable SBLC is a crucial financial instrument used in various commercial transactions where a secure, bank-backed guarantee is required but must remain strictly between the original parties. This document is particularly relevant in Canadian business contexts where the beneficiary must be the original party named in the instrument, providing enhanced security and control. It contains specific terms regarding the amount, expiry date, drawing conditions, and explicit non-transferability provisions. The document is structured to comply with Canadian banking regulations and provincial laws while incorporating international banking practices. Typically used in significant commercial transactions, construction projects, or performance guarantees, this instrument provides a robust form of financial security while maintaining strict control over who can draw under the credit.

What sections should be included in a Non Transferable SBLC?

1. Issuing Bank Details: Complete identification of the issuing bank including registration number, address, and authorized signatories

2. Reference Number: Unique SBLC identification number

3. Date of Issuance: Effective date of the SBLC

4. Beneficiary Details: Complete identification of the beneficiary including address and contact information

5. Applicant Details: Complete identification of the applicant (party requesting the SBLC) including address

6. Amount and Currency: Specification of the maximum drawable amount and currency

7. Expiry Date: Clear statement of when the SBLC expires

8. Non-Transferability Clause: Explicit statement that the SBLC cannot be transferred or assigned

9. Drawing Terms and Conditions: Specific conditions that must be met for the beneficiary to draw under the SBLC

10. Required Documents: List of documents that must be presented for drawing

11. Presentation Location: Where and how documents must be presented

12. Governing Law: Specification of Canadian law as governing law

13. Bank Undertaking: The bank's commitment to honor complying presentations

What sections are optional to include in a Non Transferable SBLC?

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

2. Reduction Schedule: Include when the SBLC amount reduces over time according to a specified schedule

3. Special Conditions: Include when there are additional requirements or conditions specific to the transaction

4. Force Majeure: Include when specific force majeure provisions are required beyond standard banking practice

5. Electronic Presentation: Include when electronic presentation of documents is permitted

6. Multiple Language Provision: Include when the SBLC is issued in multiple languages

What schedules should be included in a Non Transferable SBLC?

1. Schedule A - Drawing Certificate Format: Prescribed format for the beneficiary's drawing certificate

2. Schedule B - Form of Demand: Standard format for making a demand under the SBLC

3. Schedule C - Required Documents Checklist: Detailed list of all required documents and their specific requirements

4. Appendix 1 - Authorized Signatories: List of authorized signatories for the issuing bank

5. Appendix 2 - Communication Methods: Specified methods for communications and presentations under the SBLC

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

Canada

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Construction and Infrastructure

Energy and Resources

Manufacturing

Real Estate Development

Telecommunications

Government and Public Sector

Import/Export

Commercial Real Estate

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Corporate Banking

Commercial Operations

Project Management

Credit Administration

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Trade Finance Manager

Corporate Banker

Legal Counsel

Contract Manager

Risk Manager

Credit Manager

Commercial Director

Project Manager

Company Secretary

Banking Relationship Manager

Compliance 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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