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Bank Letter Of Comfort for the United Kingdom

Bank Letter Of Comfort Template for England and Wales

A Bank Letter of Comfort is a document issued by a financial institution under English and Welsh law, providing a form of assurance about a client's financial standing or creditworthiness. While not legally binding in the same way as a guarantee, it serves as a formal statement of the bank's relationship with and opinion of the subject entity. The document typically includes statements about the client's banking history, current status, and sometimes future intentions, while carefully limiting the bank's liability.

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What is a Bank Letter Of Comfort?

Bank Letters of Comfort are commonly used in business transactions where one party seeks additional assurance about another party's financial standing. Under English and Welsh law, these letters provide a middle ground between an informal reference and a legally binding guarantee. A Bank Letter of Comfort typically includes statements about the subject entity's banking relationship, financial conduct, and sometimes future intentions, while carefully managing the issuing bank's potential liability. They are particularly valuable in international trade, corporate finance, and business relationships where formal bank guarantees might be excessive or inappropriate.

What sections should be included in a Bank Letter Of Comfort?

1. Bank Details and Authority: Full legal name of the bank, registration details, and statement of authority of signatories

2. Recipient Information: Complete details of the party to whom the letter of comfort is addressed

3. Subject Entity Details: Information about the entity for whom the comfort is being provided

4. Relationship Statement: Description of the banking relationship between the bank and the subject entity

5. Comfort Declarations: Specific statements of comfort and assurance being provided by the bank

6. Disclaimer and Limitations: Clear statements about the limitations and non-binding nature of the letter

What sections are optional to include in a Bank Letter Of Comfort?

1. Financial Status Declaration: General statements about the subject entity's financial position and standing with the bank, included when specifically requested and appropriate to disclose

2. Historical Relationship: Details of past banking relationship and track record, included when a long-term relationship exists and adds credibility

3. Future Intentions: Statement about intended future support or relationship maintenance, included when bank is willing to indicate future commitment

4. Regulatory Compliance: Statements regarding compliance with relevant banking regulations and requirements, included when specifically relevant to the comfort being provided

What schedules should be included in a Bank Letter Of Comfort?

1. Authority Documentation: Evidence of authority of bank signatory, including board resolutions or power of attorney if applicable

2. Referenced Agreements: Copies or summaries of any specific agreements or facilities referenced in the letter

3. Corporate Information: Relevant corporate information about the subject entity that supports the comfort being provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions















Clauses














Industries

Financial Services and Markets Act 2000: Primary UK legislation that regulates financial services and markets. Essential for understanding the regulatory framework within which banks operate when issuing letters of comfort.

Consumer Credit Act 1974: Legislation governing consumer credit relationships. Relevant if the letter of comfort relates to retail customers or consumer banking relationships.

Banking Act 2009: Key legislation establishing the regulatory framework for banks in the UK, including special resolution regime and bank insolvency procedures.

Companies Act 2006: Relevant for corporate authority and execution matters, particularly regarding who has authority to issue letters of comfort on behalf of the bank.

FCA Handbook: Financial Conduct Authority's comprehensive guide containing rules and guidance for regulated firms, including banks issuing letters of comfort.

PRA Rulebook: Prudential Regulation Authority's set of rules focusing on financial stability and prudential regulation of banks.

Basel III Requirements: International banking standards affecting capital adequacy, stress testing, and market liquidity risk, which may impact the bank's ability to issue comfort letters.

Contract Law Principles: Common law principles governing formation and enforcement of contracts, including consideration and intention to create legal relations.

Promissory Estoppel: Legal doctrine relevant to understanding the binding nature and enforceability of letters of comfort.

Money Laundering Regulations 2017: Regulations requiring banks to implement controls against money laundering, which must be considered when issuing letters of comfort.

GDPR and Data Protection Act 2018: Data protection legislation governing how personal data must be handled in banking documents and communications.

ICC Guidelines: International Chamber of Commerce guidelines providing international standards and best practices for banking operations.

UK Finance Guidelines: Industry body guidelines providing best practices and standards for UK banking operations, including the issuance of letters of comfort.

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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