Letter Of Credit 60 Days Template for Switzerland
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What is a Letter Of Credit 60 Days?
The Letter of Credit 60 Days is a crucial financial instrument used in international trade transactions where deferred payment terms are required. Under Swiss law, this document serves as a bank's irrevocable undertaking to pay the seller after a 60-day period, provided that compliant documents are presented. It offers security to sellers by substituting the bank's creditworthiness for that of the buyer, while giving buyers a 60-day payment window. The document must comply with Swiss banking regulations, the Swiss Code of Obligations, and typically incorporates UCP 600 rules. It includes detailed specifications about the transaction, required documents, payment terms, and conditions that must be met for the payment to be released. This type of LC is particularly useful in industries with longer cash conversion cycles or where extended payment terms are standard practice.
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About the Letter Of Credit 60 Days
A Letter Of Credit 60 Days is a specialized trade finance instrument that combines the security of a bank guarantee with extended payment terms. When you engage in international trade through Switzerland, this document provides a crucial bridge between immediate document compliance and deferred payment, giving you or your trading partner 60 days to arrange payment after document presentation.
When do you need this document?
You need a 60-day letter of credit when your business requires extended payment terms in international transactions. This commonly occurs in industries with longer production cycles, such as manufacturing or agriculture, where immediate payment upon shipment would strain cash flow. Swiss companies frequently use this instrument when importing machinery from Europe or exporting precision goods to emerging markets. The 60-day period allows buyers time to receive, inspect, and potentially resell goods before payment becomes due, while sellers receive bank-backed assurance of payment.
Key legal considerations
Your letter of credit must clearly specify the deferred payment mechanism and include precise document requirements to avoid disputes. The independence principle means the bank's payment obligation depends solely on document compliance, not the underlying commercial transaction. You must carefully draft the LC terms to balance risk allocation between parties, particularly regarding document discrepancies and amendment procedures. Consider including force majeure clauses and specify whether the LC allows partial shipments or transshipments. The confirmation status significantly affects risk distribution, as an unconfirmed LC leaves you exposed to the issuing bank's country risk.
Legal requirements in Switzerland
Under Swiss Federal Banking Act provisions, only licensed Swiss banks can issue letters of credit, and they must maintain adequate capital reserves for LC obligations. Your LC must comply with Swiss Code of Obligations Articles 394-406 regarding mandate contracts, establishing clear principal-agent relationships between you and the bank. Swiss regulations require strict adherence to UCP 600 rules for international LCs, governing document examination timeframes and discrepancy handling procedures. Anti-money laundering compliance under the Swiss Federal Act on Combating Money Laundering mandates thorough customer due diligence and transaction monitoring. Cross-border elements invoke the Swiss Federal Act on International Private Law, particularly for jurisdiction and applicable law clauses in LC disputes.
GOVERNING LAW
Applicable law
This Letter Of Credit 60 Days is drafted to comply with Switzerland law. Key legislation includes:
Swiss Code of Obligations (CO): Fundamental law governing contractual relationships and commercial transactions in Switzerland, particularly Articles 394-406 concerning mandate contracts
UCP 600: Uniform Customs and Practice for Documentary Credits - International Chamber of Commerce rules widely recognized in Switzerland for LC transactions
Swiss Federal Act on International Private Law (IPRG): Governs cross-border aspects of commercial transactions, including choice of law and jurisdiction in international LC transactions
Swiss Federal Act on Combating Money Laundering (AMLA): Regulations concerning anti-money laundering requirements that banks must follow when issuing LCs
ISBP 745: International Standard Banking Practice for the Examination of Documents under UCP 600 - Provides detailed guidelines for document checking
Swiss Financial Market Supervisory Authority (FINMA) Regulations: Regulatory framework governing Swiss banks' operations including LC issuance and management
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