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Bank Standby Letter Of Credit for the United States

Bank Standby Letter Of Credit Template for United States

A Bank Standby Letter of Credit (SBLC) is a financial instrument issued by a bank that guarantees payment or performance of specific obligations. Under U.S. law, particularly UCC Article 5, it serves as a contingent obligation where the issuing bank commits to pay the beneficiary upon presentation of complying documents. The instrument provides security in commercial transactions by offering an independent commitment from a creditworthy financial institution.

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Bank Standby Letter Of Credit

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What is a Bank Standby Letter Of Credit?

A Bank Standby Letter of Credit is a crucial financial instrument in commercial transactions, providing security and risk mitigation. It represents an irrevocable commitment by a bank to pay a specified sum upon the presentation of complying documents. Under U.S. jurisdiction, SBLCs are primarily governed by UCC Article 5 and often incorporate international practices like ISP98. They are commonly used in international trade, construction projects, and various commercial transactions where parties seek independent financial assurance of performance or payment obligations.

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

1. Issue Date and Reference Number: Unique identifier and date of issuance of the Standby Letter of Credit

2. Bank Details: Full details of the issuing bank including name, address, SWIFT code, and contact information

3. Beneficiary Information: Complete details of the party in whose favor the SBLC is issued, including full legal name, address, and contact details

4. Applicant Information: Complete details of the party requesting the SBLC, including full legal name, address, and contact details

5. Amount and Currency: Specified amount and currency of the SBLC, stated in both numbers and words

6. Expiry Date: Clear statement of when the SBLC expires, including time and place of expiry

7. Drawing Terms: Detailed conditions and requirements under which the beneficiary can draw on the SBLC

8. Governing Law and Jurisdiction: Specification of applicable law (UCC Article 5) and jurisdiction for dispute resolution

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

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

2. Automatic Extension Clause: Optional provision for automatic renewal of the SBLC unless notice is given within specified period

3. Partial Drawing Clause: Optional provision allowing multiple partial drawings up to the total amount of the SBLC

4. Assignment of Proceeds: Optional provision allowing the assignment of proceeds to a third party

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

1. Drawing Certificate Template: Standard format template for beneficiary to make a claim under the SBLC

2. Required Documents List: Comprehensive list of documents required to be presented for drawing under the SBLC

3. Authentication Instructions: Detailed procedures and requirements for verifying authenticity of drawings and documents

4. Fee Schedule: Schedule of applicable fees, charges, and commission rates

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

United States

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses

























Relevant Industries

International Trade

Construction

Real Estate

Manufacturing

Energy

Relevant Teams

Treasury

Finance

Legal

Trade Finance

Risk Management

Relevant Roles

Trade Finance Manager

Credit Officer

Treasury Manager

Commercial Banking Officer

Risk Manager

Industries

Uniform Commercial Code (UCC) - Article 5: Primary U.S. legislation governing Letters of Credit, providing fundamental rules for issuance, amendment, transfer, and honor/dishonor of SBLCs

ICC Rules (ISP98 and UCP 600): International Chamber of Commerce rules including International Standby Practices (ISP98) and Uniform Customs and Practice for Documentary Credits (UCP 600) - widely recognized international standards

Federal Reserve Regulation H: Federal Reserve regulation applicable to state member banks issuing Letters of Credit

Federal Reserve Regulation K: Federal Reserve regulation governing international banking operations related to Letters of Credit

OCC Regulations - 12 CFR Part 7.1016: Office of the Comptroller of the Currency specific regulations governing Letters of Credit operations

Bank Secrecy Act (BSA): Legislation requiring financial institutions to assist government agencies in detecting and preventing money laundering, including KYC and CDD requirements

USA PATRIOT Act: Federal law establishing customer identification requirements for financial institutions issuing Letters of Credit

State Banking Laws: State-specific requirements and regulations for financial institutions operating within particular state jurisdictions

FDIC Regulations: Federal Deposit Insurance Corporation rules regarding bank safety and soundness in relation to Letter of Credit operations

Basel III Requirements: International banking standards governing capital adequacy requirements and risk management considerations for banks issuing Letters of Credit

Teams

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