Transferable Lc for South Africa

Transferable Lc Template for South Africa

A Transferable Letter of Credit document governed by South African law is a specialized financial instrument that enables the first beneficiary to transfer all or part of the credit to one or more second beneficiaries. This document, structured under South African banking regulations and incorporating UCP 600 rules, provides a secure method of payment in international trade transactions while allowing the original beneficiary to act as an intermediary. It includes detailed provisions for the transfer mechanism, document requirements, and payment terms, all while ensuring compliance with South African foreign exchange controls and banking legislation.

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What is a Transferable Lc?

The Transferable LC is a crucial document in international trade finance, particularly when intermediaries or middlemen are involved in the transaction chain. This type of letter of credit, governed by South African law and banking regulations, allows the first beneficiary to transfer their rights to one or more second beneficiaries, typically manufacturers or suppliers. The document must comply with the South African Banks Act, Exchange Control Regulations, and international UCP 600 rules. It includes specific provisions for transfer mechanisms, documentary requirements, payment terms, and bank responsibilities. The Transferable LC is particularly valuable in transactions where the first beneficiary acts as a trading house or procurement agent, facilitating trade between ultimate buyers and sellers while maintaining confidentiality of trading margins.

What sections should be included in a Transferable Lc?

1. Issuing Bank Details: Complete details of the bank issuing the LC, including registration number, address, and authorized signatories

2. LC Number and Date: Unique identification number of the LC and date of issuance

3. Applicant Details: Full details of the party requesting the LC, including registration/ID number and address

4. Beneficiary Details: Complete information of the initial beneficiary, including registration/ID number and address

5. Amount and Currency: Specific amount and currency of the LC, including words and figures

6. Expiry Date and Place: Clear statement of when and where the LC expires

7. Transfer Terms: Specific conditions under which the LC may be transferred to second beneficiaries

8. Documents Required: Detailed list of all documents required for presentation

9. Shipment Terms: Specifications for shipment including latest shipment date and partial shipments

10. Payment Terms: Conditions and timing of payment, including any deferred payment terms

11. Transfer Conditions: Specific conditions and procedures for transferring the LC

12. Governing Law and Jurisdiction: Statement of South African law as governing law and jurisdiction details

What sections are optional to include in a Transferable Lc?

1. Revolving Terms: Include when the LC is both transferable and revolving, specifying reinstatement conditions

2. Red Clause Provisions: Include when advance payment is permitted before document presentation

3. Back-to-Back Arrangements: Include when the LC allows for back-to-back LC arrangements

4. Green Clause Provisions: Include when warehouse storage and advance payment terms are applicable

5. Confirmation Instructions: Include when confirmation by another bank is required

6. Special Instructions: Include for any unique requirements or conditions specific to the transaction

What schedules should be included in a Transferable Lc?

1. Schedule A - Document Requirements: Detailed checklist of required documents and their specifications

2. Schedule B - Transfer Application Form: Standard form for requesting transfer of the LC

3. Schedule C - Fee Schedule: Breakdown of all applicable fees and charges

4. Appendix 1 - Authorized Signatories: List of authorized signatories for the issuing bank

5. Appendix 2 - Specimen Signatures: Specimen signatures of authorized persons

6. Appendix 3 - SWIFT Format: Standard SWIFT message format for the LC

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

South Africa

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Manufacturing

Commodities Trading

Shipping and Logistics

Agriculture

Mining

Retail

Wholesale Distribution

Energy

Textiles

Relevant Teams

Trade Finance

International Banking

Global Transaction Services

Documentary Credits

Risk Management

Compliance

Legal

Treasury Operations

Trade Operations

Credit Administration

Banking Operations

Relevant Roles

Trade Finance Manager

International Trade Specialist

Documentary Credits Officer

Export Finance Manager

Import Finance Manager

Treasury Manager

Compliance Officer

Credit Risk Manager

Banking Operations Manager

Trade Operations Officer

Letters of Credit Specialist

Global Transaction Banking Officer

Trade Solutions Manager

Financial Controller

Chief Financial Officer

Industries
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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