Irrevocable Standby Letter Of Credit for the United States

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant Industries

International Trade

Construction

Real Estate

Energy

Financial Services

Relevant Teams

Treasury

Finance

Legal

Trade Operations

Risk Management

Relevant Roles

Trade Finance Manager

Chief Financial Officer

Treasury Manager

Credit Risk Manager

Commercial Banking Officer

Industries

UCC Article 5: Uniform Commercial Code Article 5 specifically governs Letters of Credit in the United States, providing the primary domestic legal framework for SBLCs

ISP98: International Standby Practices (ISP98) - A set of rules governing standby letters of credit, published by the International Chamber of Commerce

UCP 600: Uniform Customs and Practice for Documentary Credits - International rules for documentary credits and letters of credit, published by ICC

Federal Reserve Regulation R: Governs the relationships between banks in the context of letter of credit transactions

OCC Regulations: Office of the Comptroller of the Currency regulations governing national banks' letter of credit operations

FDIC Regulations: Federal Deposit Insurance Corporation regulations affecting banks' letter of credit practices

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering in LC transactions

USA PATRIOT Act: Provides for enhanced scrutiny of financial transactions, including letters of credit, to prevent terrorism financing

UN Convention on Independent Guarantees: International treaty governing standby letters of credit and bank guarantees in cross-border transactions

State Banking Regulations: State-specific rules governing banking operations and letter of credit issuance within individual states

State UCC Modifications: State-specific modifications to the Uniform Commercial Code that may affect letter of credit operations

AML Regulations: Anti-Money Laundering regulations requiring due diligence and monitoring of letter of credit transactions

KYC Requirements: Know Your Customer requirements for verifying the identity and legitimacy of parties involved in LC transactions

OFAC Sanctions: Office of Foreign Assets Control sanctions programs affecting international letter of credit transactions

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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