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Performance Letter Of Credit for Singapore

Performance Letter Of Credit Template for Singapore

A Performance Letter of Credit under Singapore law is a financial instrument issued by a bank that provides an irrevocable guarantee of payment to a beneficiary if specific performance obligations are not met by the applicant. It is governed by Singapore banking laws, the UCP 600, and follows strict regulatory requirements set by the Monetary Authority of Singapore. This document serves as a risk mitigation tool in commercial transactions, particularly in large-scale projects where performance assurance is crucial.

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What is a Performance Letter Of Credit?

The Performance Letter of Credit is a crucial financial instrument in Singapore's commercial landscape, commonly used in large-scale projects and international trade. When a party (typically a contractor or supplier) needs to provide performance security, they can approach a bank to issue this guarantee in favor of their client. The Performance Letter of Credit provides assurance that if the contractor fails to perform their obligations, the beneficiary can claim payment from the bank up to the specified amount. Under Singapore law, these instruments are strictly regulated by the Monetary Authority of Singapore and typically follow international banking practices including UCP 600. They are particularly valuable in scenarios where parties need robust performance security without cash deposits.

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

1. Issuing Bank Details: Full name, address, and reference numbers of the issuing bank

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

3. Applicant Information: Details of the party requesting the LC

4. Credit Amount: Specific amount and currency of the LC

5. Expiry Date: Validity period of the LC

6. Performance Requirements: Specific obligations that must be met by the contractor/supplier

7. Drawing Conditions: Conditions under which the LC can be drawn upon

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

1. Transferability Clause: Used when LC needs to be transferable to another beneficiary. Include when beneficiary might need to transfer rights to another party

2. Partial Drawings: Specification if partial drawings are allowed. Include when phased performance or multiple drawings might be needed

3. Force Majeure: Provisions for unforeseen circumstances. Include for long-term performance obligations

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

1. Performance Specifications: Detailed description of required performance standards

2. Project Timeline: Schedule of performance milestones

3. Drawing Certificate Template: Standard format for making claims under the LC

4. Underlying Contract Reference: Details of the main contract being guaranteed

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

Singapore

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions






























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Industries

UCP 600: Uniform Customs and Practice for Documentary Credits - The primary international rules governing letters of credit operations

ISP98: International Standby Practices - Rules specifically designed for standby letters of credit

Banking Act (Chapter 19): Singapore's primary banking legislation that governs banking institutions and their operations, including letter of credit facilities

Bills of Exchange Act (Chapter 23): Singapore legislation governing negotiable instruments and related banking documents

Contract Law (Chapter 53): Singapore's fundamental law governing formation and enforcement of contracts, applicable to letter of credit agreements

Sale of Goods Act (Chapter 393): Legislation governing commercial transactions involving goods, relevant for underlying transactions in letters of credit

Electronic Transactions Act (Chapter 88): Law governing electronic transactions and digital signatures, relevant for electronic letters of credit

ICC Standards: International Chamber of Commerce standards and guidelines for letters of credit operations

MAS Guidelines: Monetary Authority of Singapore's regulatory guidelines for banks issuing letters of credit

AML/CFT Regulations: Anti-Money Laundering and Countering the Financing of Terrorism regulations applicable to letter of credit transactions

Singapore Case Law: Relevant Singapore court decisions establishing precedents in letter of credit disputes

SWIFT Standards: International messaging standards for bank-to-bank communications in letter of credit transactions

UN CIGSLC: UN Convention on Independent Guarantees and Stand-by Letters of Credit, providing international legal framework

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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