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Standby Letter Of Credit for the United Kingdom

Standby Letter Of Credit Template for England and Wales

A Standby Letter of Credit is a financial instrument governed by English and Welsh law that serves as a guarantee of payment issued by a bank on behalf of a client. It represents an irrevocable commitment by the issuing bank to pay the beneficiary upon presentation of compliant documents. Under English law, SBLCs are treated as independent undertakings, separate from the underlying commercial transaction, and are governed by strict compliance principles established through case law and international banking practices.

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Standby Letter Of Credit

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What is a Standby Letter Of Credit?

The Standby Letter of Credit (SBLC) is a crucial financial instrument used when parties seek additional security in commercial transactions. It provides a reliable payment mechanism backed by a bank's creditworthiness, commonly used in international trade, construction projects, and complex commercial arrangements. Under English and Welsh law, SBLCs offer particular advantages due to the jurisdiction's well-established commercial law framework and the courts' extensive experience in documentary credit disputes. The document typically includes specific drawing conditions, expiry dates, and documentary requirements, providing clarity and certainty for all parties involved.

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

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

2. Beneficiary Details: Full legal name and address of the beneficiary of the SBLC

3. Credit Amount and Currency: The specified amount and currency of the SBLC, including any automatic reduction clauses

4. Validity Period: Issue date and expiry date of the SBLC

5. Drawing Terms: Specific conditions and circumstances under which the credit can be drawn

6. Presentation Requirements: Detailed list of required documents and statements for making a compliant drawing

7. Governing Law: Specification of English and Welsh law as governing law

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

1. Transferability Clause: Optional provisions specifying whether and how the SBLC can be transferred to another beneficiary

2. Partial Drawings: Optional provisions allowing for multiple partial drawings under the SBLC

3. Automatic Extension Clause: Optional provisions for automatic extension of the expiry date under specified circumstances

4. Assignment of Proceeds: Optional provisions permitting the assignment of proceeds to a third party

5. Counter-Guarantee: Optional provisions relating to any counter-guarantee arrangements

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

1. Form of Demand: Standard template for making a compliant demand under the SBLC

2. Required Certificates: Templates for any certificates or statements required for drawing

3. Authentication Details: SWIFT or other authentication information and procedures

4. Fee Schedule: Schedule of applicable fees and charges

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 - The primary international rules governing documentary credits and standby letters of credit

ISP98: International Standby Practices - Specific rules governing standby letters of credit internationally

Bills of Exchange Act 1882: UK legislation governing negotiable instruments and certain aspects of documentary credits

URR 725: Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits - Rules governing inter-bank reimbursement procedures

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

Regulated Activities Order 2001: Financial Services and Markets Act 2000 (Regulated Activities) Order - Specifies which activities require FCA/PRA authorization

UN Convention on Independent Guarantees and Stand-by Letters of Credit: International convention providing uniform rules for independent guarantees and standby letters of credit

Contracts (Rights of Third Parties) Act 1999: UK legislation governing third party rights in contracts, relevant for beneficiaries of SBLCs

Money Laundering Regulations 2017: Money Laundering, Terrorist Financing and Transfer of Funds Regulations - UK anti-money laundering requirements

Proceeds of Crime Act 2002: UK legislation dealing with money laundering and proceeds of crime, relevant for financial institutions

UK Sanctions Regime: Comprehensive framework of UK sanctions affecting international financial transactions

Consumer Rights Act 2015: UK legislation protecting consumer rights, applicable if SBLC involves consumer transactions

Consumer Credit Act 1974: UK legislation regulating consumer credit, may be relevant if SBLC involves consumer credit arrangements

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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