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Bank Guarantee For Lost Bill Of Lading for the United States

Bank Guarantee For Lost Bill Of Lading Template for United States

A Bank Guarantee for Lost Bill of Lading is a legal document issued by a bank under U.S. jurisdiction, providing security to a shipping company against potential claims arising from the delivery of goods without the original bill of lading. This document serves as an indemnity, protecting the carrier from liability while enabling the consignee to take delivery of goods when the original document of title has been lost or misplaced. It operates under federal maritime laws and the Uniform Commercial Code.

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What is a Bank Guarantee For Lost Bill Of Lading?

The Bank Guarantee For Lost Bill Of Lading addresses a common challenge in international trade where original bills of lading are lost or delayed in transit. Under U.S. maritime law and banking regulations, this guarantee enables the release of cargo without the original document while protecting all parties involved. It typically includes specific details about the shipment, indemnity provisions, and claim procedures. The guarantee is particularly crucial in time-sensitive situations where waiting for replacement documents could result in significant delays and costs.

What sections should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Parties: Identification of the bank issuing guarantee, the applicant, and the beneficiary

2. Background: Details of the lost bill of lading and circumstances requiring the guarantee

3. Definitions: Key terms used in the guarantee including 'Original Bill of Lading', 'Vessel', 'Cargo'

4. Guarantee Details: Specific terms of the guarantee including amount and validity period

5. Indemnification Clause: Bank's commitment to indemnify against claims arising from lost bill

6. Claim Procedure: Process for making claims under the guarantee

7. Termination: Conditions for guarantee termination and return of original bill if found

What sections are optional to include in a Bank Guarantee For Lost Bill Of Lading?

1. Counter-Indemnity: Additional provisions for when applicant provides counter-indemnity to bank. Used for high-value transactions or high-risk scenarios

2. Insurance Provisions: Additional insurance requirements for particularly valuable cargo or high-risk routes

3. Multiple Jurisdiction Clause: Governing law provisions for different jurisdictions when multiple countries are involved

What schedules should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Schedule 1 - Cargo Details: Detailed description of cargo covered by lost bill of lading

2. Schedule 2 - Vessel Details: Information about the carrying vessel

3. Appendix A - Form of Claim Notice: Standard format for submitting claims under the guarantee

4. Appendix B - Lost Bill Details: Copy of shipping company's confirmation of lost bill

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

United States

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses

























Relevant Industries

International Trade

Banking and Finance

Shipping and Logistics

Commodities Trading

Relevant Teams

Trade Finance

Legal

Operations

Risk Management

Compliance

Relevant Roles

Trade Finance Manager

Shipping Manager

Documentary Credit Specialist

Logistics Coordinator

Trade Operations Officer

Industries

UCC Article 5: Uniform Commercial Code provisions governing Letters of Credit, essential for bank guarantee structure and requirements

UCC Article 7: Uniform Commercial Code section covering Documents of Title, including Bills of Lading, which is central to the lost bill of lading situation

UCC Article 3: Uniform Commercial Code provisions on Negotiable Instruments, relevant for the guarantee's negotiable aspects

COGSA: Carriage of Goods by Sea Act - Federal law governing rights and responsibilities in maritime shipping documents

Harter Act: Federal maritime legislation governing carrier liability and bills of lading in US maritime trade

Pomerene Act: Federal Bills of Lading Act governing the negotiation and transfer of bills of lading in foreign and interstate commerce

Federal Reserve Regulations: Banking regulations affecting the issuance and handling of bank guarantees by US financial institutions

UCP 600: Uniform Customs and Practice for Documentary Credits - International banking rules often incorporated into letter of credit and guarantee practice

Hague Rules: International Convention for the Unification of Certain Rules of Law relating to Bills of Lading - Important for international trade aspects

Hague-Visby Rules: Updated version of Hague Rules providing international standards for bills of lading and carrier liability

Hamburg Rules: UN Convention on the Carriage of Goods by Sea establishing alternative rules for international shipping documents

State Banking Laws: Specific state-level regulations governing bank operations and guarantee issuance within the state jurisdiction

State Commercial Codes: State-specific adaptations and requirements of commercial law affecting guarantee agreements

State Contract Laws: State-specific contract formation and enforcement requirements affecting guarantee agreements

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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