Divisible Letter Of Credit for the United Kingdom

Divisible Letter Of Credit Template for England and Wales

A Divisible Letter of Credit is a specialized financial instrument under English and Welsh law that allows for multiple partial drawings against a total credit amount. It provides a secure method of payment in international trade, where the credit can be drawn down in installments as goods are shipped or services are rendered. The document is governed by the Uniform Customs and Practice for Documentary Credits (UCP 600) and relevant English banking regulations, offering flexibility in payment structure while maintaining the security of a traditional letter of credit.

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What is a Divisible Letter Of Credit?

The Divisible Letter of Credit was developed to address the needs of complex international trade transactions where delivery and payment occur in phases. This instrument combines the security of a traditional letter of credit with the flexibility of installment payments, making it particularly suitable for large-scale projects or multiple shipment contracts. Under English and Welsh law, it provides a legally robust framework for structured payments while maintaining the documentary nature of letters of credit. The document typically includes detailed provisions for partial drawings, specific documentary requirements for each installment, and clear conditions for the release of each payment tranche.

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

1. Letter Opening: Formal opening including date, reference number, and issuing bank details

2. Credit Amount: Total value of the letter of credit, currency, and divisible structure

3. Beneficiary Details: Full identification and details of the credit beneficiary

4. Drawing Terms: Specific conditions and requirements for making drawings under the credit

5. Documentary Requirements: List of required documents for each drawing

6. Expiry and Presentation: Final validity date and location/method for document presentation

7. Governing Law: Specification of English and Welsh law as governing law

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

1. Transferability Provisions: Optional section detailing if and how the credit may be transferred to other beneficiaries

2. Revolving Conditions: Optional section for credits that automatically reinstate after drawings

3. Red Clause Provisions: Optional section permitting advance payments before document presentation

4. Confirmation Instructions: Optional section for confirmed credits, including confirming bank details

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

1. Document Checklist: Comprehensive list of required documents and their specific requirements

2. Drawing Schedule: Detailed timeline and structure of permitted drawings under the credit

3. Form of Drawing Request: Standard template for beneficiary to submit drawing requests

4. Bank's Standard Terms: Standard terms and conditions of the issuing bank applicable to all letters of credit

5. UCP 600 Reference Guide: Key applicable articles of UCP 600 relevant to this credit

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

England and Wales

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions
Industries

UCP 600: Uniform Customs and Practice for Documentary Credits - The primary international rules governing the operation of letters of credit, providing standardized practices and procedures

ISP98: International Standby Practices - Rules specifically governing standby letters of credit, relevant if the divisible letter of credit is in standby form

Bills of Exchange Act 1882: Key UK legislation governing negotiable instruments and various aspects of documentary credits

Sale of Goods Act 1979: Primary UK legislation governing the sale of goods, relevant for underlying transactions in letter of credit arrangements

Doctrine of Autonomy: Common law principle establishing that letters of credit are independent from the underlying commercial contract

Principle of Strict Compliance: Common law principle requiring exact compliance with letter of credit terms and conditions

Fraud Exception Rules: Common law principles governing exceptions to bank's obligation to pay under letters of credit in cases of fraud

ICC Rules: International Chamber of Commerce rules providing standardized international banking procedures and practices

SWIFT Standards: Global standards for financial messaging used in letter of credit transactions

Financial Services and Markets Act 2000: Primary UK legislation regulating financial services and markets, including banking activities

FCA Regulations: Financial Conduct Authority regulations governing financial institutions and their activities in the UK

Bank of England Regulations: Central bank regulations affecting banking operations and financial stability

Anti-Money Laundering Regulations 2017: UK regulations requiring due diligence and compliance measures to prevent money laundering in financial transactions

Sanctions and Export Control Laws: Regulations governing international trade restrictions and export controls affecting letter of credit transactions

Retained EU Regulations: Post-Brexit retained European Union regulations relevant to international trade and banking operations

Divisible Credits Rules: Specific provisions governing partial shipments, drawings, installment payments, and transfer/assignment in divisible letters of credit

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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