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

Letter Of Credit And Standby Letter Of Credit Template for England and Wales

A Letter of Credit (LC) or Standby Letter of Credit (SBLC) is a financial instrument issued by a bank under English and Welsh law, providing a payment guarantee to a beneficiary upon the presentation of specific documents or conditions. The document follows the Uniform Customs and Practice for Documentary Credits (UCP 600) and/or International Standby Practices (ISP98), ensuring international recognition and enforceability. It serves as a secure payment mechanism in international trade and commercial transactions, with the issuing bank's obligation being independent of the underlying commercial contract.

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Letter Of Credit And Standby Letter Of Credit

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

Letters of Credit And Standby Letters of Credit are fundamental instruments in international trade and commercial transactions, governed by English and Welsh law. These documents are used when parties seek secure payment mechanisms or performance guarantees, particularly in cross-border transactions where trust and credit risks are significant concerns. The LC serves as a primary payment mechanism, while the SBLC functions as a contingent payment instrument, typically triggered by non-performance. Both instruments are subject to strict documentary compliance under UCP 600 and ISP98 rules, with banks examining documents on their face value, independent of the underlying commercial relationship.

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

1. Letter Reference/Number: Unique identifier for the LC/SBLC

2. Date of Issue: When the LC/SBLC was issued

3. Issuing Bank Details: Full details of the bank issuing the LC/SBLC

4. Beneficiary Details: Full details of the party in whose favor the LC/SBLC is issued

5. Applicant Details: Full details of the party requesting the LC/SBLC

6. Amount and Currency: Value of the LC/SBLC and currency denomination

7. Expiry Date: When the LC/SBLC expires

8. Terms of Payment: Conditions under which payment will be made

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

1. Transferability Clause: Optional clause specifying whether the LC/SBLC can be transferred to another beneficiary. Include when the beneficiary might need to transfer rights.

2. Revolving Clause: Optional clause detailing automatic reinstatement provisions. Include for recurring transactions.

3. Red Clause: Optional clause covering advance payment provisions. Include when advance payments are required.

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

1. Required Documents Schedule: Comprehensive list of documents required for presentation under the LC/SBLC

2. Payment Schedule: Schedule detailing payment installments and timing, if payments are to be made in installments

3. Shipping Terms Schedule: Schedule specifying shipping terms and requirements for commercial LCs involving goods shipment

4. Bank Forms Appendix: Collection of standard forms required by the issuing bank for LC/SBLC processing

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

UCP 600: Uniform Customs and Practice for Documentary Credits - International Chamber of Commerce rules governing Letters of Credit operations globally

ISP98: International Standby Practices - Comprehensive rules specifically governing Standby Letters of Credit operations

Bills of Exchange Act 1882: Primary UK legislation governing negotiable instruments including aspects of Letters of Credit

Sale of Goods Act 1979: UK legislation governing sale of goods contracts which often underlie Letters of Credit transactions

Contracts (Rights of Third Parties) Act 1999: UK legislation governing third party rights in contracts, relevant for beneficiaries in LC transactions

Unfair Contract Terms Act 1977: UK legislation controlling the use of unfair terms in contracts, applicable to LC agreements

Financial Services and Markets Act 2000: UK legislation regulating financial services and markets, including banks issuing Letters of Credit

Money Laundering Regulations 2017: UK regulations for preventing money laundering, applicable to LC transactions and checks

UN Convention on Independent Guarantees and Stand-by Letters of Credit: International convention providing uniform rules for independent guarantees and standby letters of credit

UNCITRAL Convention on International Bills of Exchange: International convention governing bills of exchange and promissory notes in international transactions

FCA Regulations: Financial Conduct Authority regulations governing financial institutions and their activities in the UK

PRA Requirements: Prudential Regulation Authority requirements for banks and financial institutions issuing LCs

Bank of England Guidelines: Central bank guidelines affecting banking operations including Letter of Credit issuance

Sztejn v J Henry Schroder Banking Corporation: Key case law establishing fraud exception in Letter of Credit transactions

Discount Records Ltd v Barclays Bank Ltd: Important case law regarding bank's obligations in examining documents under Letters of Credit

United City Merchants v Royal Bank of Canada: Landmark case establishing principles regarding fraud and document examination in Letter of Credit transactions

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