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Performance Letter Of Credit for the United Kingdom

Performance Letter Of Credit Template for England and Wales

A Performance Letter of Credit is a financial instrument issued by a bank under English and Welsh law, providing a guarantee of performance for specified contractual obligations. It serves as an independent undertaking by the bank to pay a specified sum to the beneficiary upon presentation of compliant documents evidencing a failure to perform. The document is governed by both UK banking regulations and international banking practices, particularly the UCP 600, and provides security against non-performance of contractual obligations.

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Performance Letter Of Credit

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What is a Performance Letter Of Credit?

The Performance Letter of Credit is a crucial financial instrument in commercial transactions where parties seek security for performance obligations. Used extensively in international trade and major projects, this document provides an irrevocable commitment from a bank to pay upon evidence of non-performance. Under English and Welsh law, Performance Letters of Credit are particularly valued for their independence from the underlying contract and their enforceability. They typically include specific performance criteria, drawing conditions, and validity periods, offering beneficiaries a reliable means of securing performance while providing applicants with a credible demonstration of their commitment to perform.

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 Details: Complete identification of the party in whose favor the LC is issued

3. Applicant Details: Complete identification of the party requesting the LC

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

5. Validity Period: Issue date and expiry date of the LC

6. Performance Obligations: Clear description of the underlying performance obligations being guaranteed

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

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

1. Transferability Clause: Specifies whether the LC can be transferred to another beneficiary

2. Partial Drawings: Specifies whether multiple partial drawings are permitted

3. Governing Law Declaration: Explicit statement of governing law if different from UCP 600

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

1. Form of Demand: Standard format for making a demand under the LC

2. Underlying Contract Reference: Details of the contract or agreement being guaranteed

3. Authentication Instructions: Specific requirements for authenticating demands or communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions






























Clauses






























Industries

UCP 600: Uniform Customs and Practice for Documentary Credits - International chamber of commerce rules governing the operation of Letters of Credit globally

ISP98: International Standby Practices - Rules governing standby letters of credit, particularly relevant if the performance letter of credit is in standby form

Bills of Exchange Act 1882: Primary UK legislation governing negotiable instruments and relevant to the banking aspects of letters of credit

Sale of Goods Act 1979: UK legislation governing sales contracts, relevant when the underlying transaction involves goods

FSMA 2000: Financial Services and Markets Act 2000 - Primary UK legislation governing financial services and markets regulation

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

PRA Requirements: Prudential Regulation Authority requirements for banks and financial institutions issuing letters of credit

Bank of England Regulations: Central bank regulations affecting banking operations and financial instruments in the UK

English Contract Law: Common law principles governing contract formation, enforcement, and interpretation in England and Wales

UCC Principles: Uniform Commercial Code principles, while not UK law, often referenced in international trade transactions

AML Regulations: Anti-Money Laundering regulations that must be considered in financial transactions and letter of credit operations

CTF Regulations: Counter-Terrorist Financing regulations applicable to financial instruments and international transactions

Sanctions Regulations: Financial sanctions regulations affecting international trade and financial transactions

ICC Guidelines: International Chamber of Commerce rules and guidelines for international trade and banking practice

Basel Guidelines: Basel Committee on Banking Supervision guidelines affecting banking operations and risk management

Teams

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