Irrevocable Standby Letter Of Credit Template for United States

An Irrevocable Standby Letter of Credit is a financial instrument issued by a bank that provides an irrevocable payment guarantee to a beneficiary upon presentation of complying documents. Under US law, particularly UCC Article 5, it serves as an independent undertaking by the issuing bank to honor a presentation that complies with the terms and conditions of the credit. The instrument is commonly used in international trade and domestic transactions as a security mechanism.

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What is a Irrevocable Standby Letter Of Credit?

An Irrevocable Standby Letter of Credit (SBLC) is utilized when parties seek a secure, independent payment guarantee mechanism. It is particularly relevant in situations where one party requires assurance of payment or performance from another. Governed by US law, including UCC Article 5 and international practices (ISP98), the SBLC represents an irrevocable commitment by a bank to pay upon presentation of complying documents. Unlike commercial letters of credit, SBLCs are intended as backstop instruments, typically drawn upon only in case of default or non-performance of the underlying obligation.

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

1. Issuing Bank Details: Full legal name, address, reference numbers, and contact information of the issuing bank

2. Beneficiary Details: Complete identification and details of the party in whose favor the SBLC is issued

3. Credit Amount and Currency: Specific amount and currency of the standby letter of credit, including any automatic adjustment provisions

4. Expiry Details: Expiration date, time, and place of the SBLC, including any automatic extension provisions

5. Drawing Conditions: Specific conditions and circumstances under which the beneficiary can draw on the credit

6. Presentation Requirements: Detailed list of documents and statements required for drawing under the credit

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

1. Transferability Clause: Terms and conditions under which the credit may be transferred to another beneficiary

2. Partial Drawings: Provisions specifying whether and how multiple partial drawings are permitted

3. Governing Law Choice: Explicit designation of governing law and jurisdiction for dispute resolution

4. Assignment of Proceeds: Terms allowing the assignment of proceeds to third parties

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

1. Form of Demand: Standard template for making a complying demand under the SBLC

2. Required Certificates: Templates for any certificates or statements required for drawing

3. Authentication Procedures: Detailed procedures for authenticating communications and documents

4. Fee Schedule: Schedule of fees, charges, and commission applicable to 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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