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Performance Letter Of Credit for Philippines

Performance Letter Of Credit Template for Philippines

A Performance Letter of Credit is a financial instrument issued by a bank in the Philippines, governed by Philippine banking laws and regulations, particularly the Manual of Regulations for Banks (MORB) and Republic Act No. 8791, while also adhering to international UCP 600 standards. This document serves as a bank's irrevocable commitment to pay a specified sum to the beneficiary if the applicant fails to fulfill their contractual obligations. It provides crucial financial security in commercial transactions, particularly in construction, infrastructure, and international trade sectors, where performance guarantees are essential.

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What is a Performance Letter Of Credit?

The Performance Letter of Credit is a vital financial instrument in Philippine commercial transactions, particularly used when one party requires security for the performance of contractual obligations by another party. This document, regulated under Philippine banking laws and the UCP 600, represents a bank's irrevocable commitment to pay a specified amount upon documented evidence of non-performance. Performance Letters of Credit are commonly used in construction projects, international trade, and large-scale commercial transactions where the stakes are high and parties seek reliable performance guarantees. The document typically includes specific performance criteria, claim conditions, expiry terms, and documentary requirements, providing a standardized yet customizable framework for performance security in commercial transactions.

What sections should be included in a Performance Letter Of Credit?

1. Bank Details and Reference Number: Issuing bank's complete details and unique LC reference number

2. Date of Issuance: The official date when the Letter of Credit is issued

3. Beneficiary Information: Complete details of the party in whose favor the LC is issued

4. Applicant Information: Complete details of the party requesting the LC

5. Currency and Amount: The specified currency and maximum amount of the LC

6. Underlying Contract Reference: Details of the contract or agreement whose performance is being guaranteed

7. Expiry Date and Place: When and where the LC expires

8. Performance Conditions: Specific conditions that trigger the LC payment

9. Documentary Requirements: List of documents required to make a claim under the LC

10. Claim Procedure: Detailed process for making a claim under the LC

11. Governing Law and Jurisdiction: Specification of Philippine law and relevant jurisdiction

12. UCP 600 Reference: Statement of adherence to UCP 600 rules

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

1. Partial Drawings Clause: Include when partial drawings are to be allowed under the LC

2. Transfer Rights: Include when the LC needs to be transferable to another beneficiary

3. Force Majeure Provisions: Include when specific force majeure protections are required

4. Language Preference: Include when the LC might be used in international context and language preferences need to be specified

5. Anti-Money Laundering Declaration: Include when required by specific bank policies or heightened compliance requirements

What schedules should be included in a Performance Letter Of Credit?

1. Schedule A - Performance Metrics: Detailed criteria for measuring contract performance

2. Schedule B - Required Document Formats: Templates or formats for documents required for claims

3. Schedule C - Authorized Signatories: List of persons authorized to make claims or modifications

4. Appendix 1 - Copy of Underlying Contract: Reference copy of the contract being guaranteed

5. Appendix 2 - Bank's Standard Terms and Conditions: Standard terms and conditions applicable to the LC

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

Philippines

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Manufacturing

Energy and Utilities

Mining and Resources

Telecommunications

Real Estate Development

Government and Public Sector

Engineering Services

Relevant Teams

Legal

Finance

Treasury

Procurement

Project Management

Risk Management

Compliance

International Trade

Commercial Operations

Credit Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Project Manager

Contract Manager

Procurement Manager

Legal Counsel

Banking Relations Manager

Trade Finance Manager

Risk Manager

Commercial Director

Operations Director

Credit Manager

Compliance Officer

International Trade Specialist

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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