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Standby Credit Agreement for Saudi Arabia

Standby Credit Agreement Template for Saudi Arabia

A Sharia-compliant standby credit agreement governed by Saudi Arabian law, establishing the terms and conditions under which a bank agrees to issue a standby credit in favor of a beneficiary at the request of an applicant. The document incorporates both international banking practices and local regulatory requirements, ensuring compliance with Saudi Arabian Monetary Authority (SAMA) regulations and Islamic banking principles. It details the conditions for issuance, drawing mechanisms, fees structure, and obligations of all parties while maintaining adherence to Sharia law prohibitions on conventional interest.

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What is a Standby Credit Agreement?

The Standby Credit Agreement serves as a fundamental document in Saudi Arabian banking and commercial transactions, providing a Sharia-compliant mechanism for securing various commercial obligations. It is typically used when a party requires a standby credit as security for performance obligations, payment guarantees, or other commercial undertakings. The agreement must navigate the complex intersection of international banking practices (such as UCP 600 and ISP98) while ensuring compliance with Saudi Arabian law and Sharia principles. The document establishes the relationship between the issuing bank, applicant, and beneficiary, detailing the conditions for issuance and drawing, fee structures (avoiding conventional interest), and related obligations. It is particularly crucial in international trade, project finance, and large commercial transactions where Saudi Arabian entities are involved.

What sections should be included in a Standby Credit Agreement?

1. Parties: Identification of the credit provider (bank), the applicant, and the beneficiary

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement, including banking and Sharia-compliant terminology

4. Facility Details: Core terms of the standby credit, including amount, purpose, and validity period

5. Issuance Conditions: Prerequisites and conditions for issuing the standby credit

6. Draw-down Conditions: Terms and procedures for beneficiary to draw on the standby credit

7. Fees and Charges: Sharia-compliant fee structure and charges (avoiding interest-based elements)

8. Representations and Warranties: Standard and Sharia-specific representations by the applicant

9. Covenants: Ongoing obligations of the applicant

10. Events of Default: Circumstances constituting default and consequences

11. Indemnity: Applicant's indemnification obligations to the bank

12. Communications: Methods and requirements for formal communications

13. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction of Saudi courts

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Standby Credit Agreement?

1. Security Arrangements: Required when specific collateral or security is provided for the standby credit

2. Counter-Indemnity: Used when additional parties provide backing or support

3. Special Drawing Conditions: Included when there are complex or unusual drawing mechanisms

4. Sharia Board Approval: Required when specific Sharia compliance confirmation is needed

5. Assignment Provisions: Included when transfer rights are contemplated

6. Multiple Currency Provisions: Required for standby credits available in multiple currencies

7. Force Majeure: Detailed force majeure provisions beyond standard terms

8. Anti-Money Laundering: Enhanced AML provisions for high-risk transactions

What schedules should be included in a Standby Credit Agreement?

1. Form of Standby Credit: Template of the actual standby credit to be issued

2. Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Drawing Documents: Forms and requirements for drawing under the standby credit

4. Security Details: Specific details of any security or collateral arrangements

5. Authorized Signatories: List of authorized persons and specimen signatures

6. Sharia Compliance Certificate: Confirmation of Sharia compliance from relevant authorities

7. Form of Draw-down Request: Template for beneficiary's drawing request

8. Conditions Precedent Documents: List of required documents prior to effectiveness

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

Saudi Arabia

Publisher

Ƶ

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions














































Clauses






























Relevant Industries

Banking & Financial Services

International Trade

Construction & Infrastructure

Energy & Resources

Manufacturing

Real Estate & Development

Telecommunications

Healthcare

Retail & Consumer Goods

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

Corporate Banking

Islamic Banking

Credit Administration

Documentation

Commercial Banking

International Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Corporate Banking Officer

Legal Counsel

Compliance Officer

Risk Manager

Credit Officer

Islamic Banking Specialist

Documentary Credits Manager

Commercial Finance Director

Project Finance Manager

Transaction Banking Head

Senior Relationship Manager

Industries








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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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