Letter Of Credit And Standby Letter Of Credit for the United States

Letter Of Credit And Standby Letter Of Credit Template for United States

A Letter of Credit (LC) and Standby Letter of Credit (SLOC) are formal banking instruments governed by U.S. federal laws and international banking practices, particularly UCC Article 5. These documents serve as guarantees of payment issued by banks on behalf of their clients. The LC is primarily used in trade transactions to secure payment, while the SLOC acts as a backup payment mechanism triggered by non-performance. Both instruments are subject to strict documentary requirements and compliance with federal banking regulations.

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What is a Letter Of Credit And Standby Letter Of Credit?

Letters of Credit and Standby Letters of Credit are essential financial instruments in modern commerce, particularly for international trade and complex commercial transactions. These documents, regulated under U.S. banking laws and international conventions, provide security and risk mitigation for parties involved in significant financial transactions. They are commonly used when parties need assured payment mechanisms or performance guarantees, especially in cross-border transactions where trust and credit verification may be challenging. The documents specify precise terms for payment, required documentation, and conditions that must be met for funds to be released.

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

1. Issuing Bank Details: Full name, address, SWIFT code, and contact information of the issuing bank

2. Beneficiary Information: Complete details of the party receiving the letter of credit including name, address, and banking details

3. Credit Amount and Currency: Specific amount and currency of the letter of credit, including any tolerance levels if applicable

4. Expiry Date and Place: Clear statement of when and where the letter of credit expires

5. Drawing Conditions: Specific conditions and documentation requirements that must be met for payment

6. Presentation Terms: Details of where and how documents should be presented

7. Governing Law: Specification of applicable law and jurisdiction

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

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

2. Revolving Credit Provisions: Terms for automatic reinstatement of the credit amount, including reinstatement periods and conditions

3. Red Clause Provisions: Terms for advance payment to the beneficiary, including conditions and limits

4. Back-to-Back Arrangements: Terms for using the LC as security for issuing another LC

5. Confirmation Instructions: Instructions regarding confirmation by another bank, if required

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

1. Schedule A - Document Requirements: Comprehensive list of all required documents for drawing under the LC, including specific format requirements

2. Schedule B - Fee Schedule: Details of all applicable fees, charges, and commission rates

3. Schedule C - Amendment Form: Standard form and procedures for requesting and processing amendments to the LC terms

4. Schedule D - Drawing Certificate Template: Standard format and requirements for presenting drawing requests under the LC

5. Schedule E - Compliance Checklist: Checklist of regulatory compliance requirements including AML, OFAC, and other applicable regulations

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 legal definitions
Clauses
Relevant Industries

International Trade

Construction

Manufacturing

Energy

Real Estate

Relevant Teams

Treasury

Finance

Legal

Trade Operations

Risk Management

Relevant Roles

Trade Finance Manager

Credit Officer

Treasury Manager

Commercial Banking Officer

Risk Manager

Industries

UCC Article 5: Uniform Commercial Code Article 5 - Primary U.S. legislation governing Letters of Credit, providing framework for issuance, amendment, and enforcement of LCs

ISP98: International Standby Practices - Standard rules for standby letters of credit, developed by the Institute of International Banking Law & Practice

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

Federal Reserve Regulation CC: Regulation governing funds availability and collection of checks, impacting timing aspects of letter of credit transactions

OCC Regulations: Office of the Comptroller of the Currency regulations overseeing national banks' letter of credit operations and risk management

FDIC Requirements: Federal Deposit Insurance Corporation requirements affecting banks' letter of credit practices and risk exposure

ICC Rules: International Chamber of Commerce rules providing standardized international practices for letters of credit

SWIFT Standards: Standardized messaging protocols for international banking communications related to letters of credit

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

USA PATRIOT Act: Anti-terrorism legislation affecting customer due diligence and monitoring requirements for letter of credit transactions

AML Regulations: Anti-Money Laundering regulations requiring banks to implement specific controls and monitoring for letter of credit transactions

OFAC Sanctions: Office of Foreign Assets Control sanctions requirements affecting permitted parties and jurisdictions in letter of credit transactions

State Banking Regulations: State-specific banking laws and regulations that may impact letter of credit operations within particular states

Federal Case Law: Relevant federal court decisions and precedents establishing interpretation principles for letter of credit disputes

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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