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Non Operative Letter Of Credit for South Africa

Non Operative Letter Of Credit Template for South Africa

A Non-Operative Letter of Credit is a formal banking instrument used in South African and international trade transactions, governed by South African banking law and international banking practices (UCP 600). This document represents a bank's irrevocable undertaking to pay a seller under specified conditions, typically upon presentation of stipulated documents representing the goods shipped. Under South African law, these instruments are subject to the Banks Act 94 of 1990 and Exchange Control Regulations, providing a secure method of payment in international trade while ensuring compliance with local banking and foreign exchange requirements.

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Non Operative Letter Of Credit

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What is a Non Operative Letter Of Credit?

The Non-Operative Letter of Credit is a crucial document in international trade finance, particularly within the South African context where it must comply with both local banking regulations and international standards. This instrument is typically used when parties seek a secure payment method in cross-border transactions, providing assurance to sellers while protecting buyers' interests. The document details the conditions for payment, required documentation, and compliance requirements under South African banking laws, including the Banks Act 94 of 1990 and Exchange Control Regulations. It serves as a fundamental tool in trade finance, offering a balanced approach to risk management for all parties involved while ensuring adherence to both domestic and international banking practices.

What sections should be included in a Non Operative Letter Of Credit?

1. Bank Letterhead and Contact Details: Official letterhead of the issuing bank including full contact details and registration information

2. Letter of Credit Number: Unique reference number for the LC

3. Date of Issuance: Date when the Letter of Credit is issued

4. Beneficiary Details: Full name and address of the party in whose favor the LC is issued

5. Applicant Details: Full name and address of the party requesting the LC

6. Currency and Amount: Specified currency and amount of the Letter of Credit in both figures and words

7. Expiry Date: Date and place of expiry of the Letter of Credit

8. Available With/By: Specification of how and where the LC is available (payment, acceptance, negotiation)

9. Required Documents: Detailed list of documents required for presentation

10. Shipment Terms: Latest shipment date and any specific shipping requirements

11. Presentation Period: Time period within which documents must be presented after shipment

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

1. Transferability Clause: Include when the LC needs to be transferable to another beneficiary

2. Revolving Terms: Include when the LC is revolving, specifying the revival conditions

3. Red Clause: Include when advance payment to the beneficiary is permitted

4. Back-to-Back Provisions: Include when the LC can be used as collateral for another LC

5. Partial Shipment/Drawing Clause: Include when partial shipments or drawings are allowed or prohibited

6. Special Conditions: Include any transaction-specific conditions or requirements

7. Confirmation Instructions: Include when confirmation by another bank is required

What schedules should be included in a Non Operative Letter Of Credit?

1. Schedule A - Document Requirements: Detailed checklist of required documents and their specifications

2. Schedule B - Payment Terms: Detailed breakdown of payment terms, including any special conditions or timing requirements

3. Schedule C - Shipping Terms: Detailed shipping requirements, including ports, modes of transport, and timing

4. Appendix 1 - UCP 600 Compliance Statement: Statement confirming compliance with UCP 600 rules and any exceptions

5. Appendix 2 - Bank Authorization Forms: Standard forms required by the issuing bank for processing

6. Appendix 3 - Amendment Template: Template for future amendments to the Letter of Credit if needed

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

South Africa

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions








































Clauses
























Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Manufacturing

Retail

Commodities Trading

Agriculture

Mining

Energy

Shipping and Logistics

Construction

Relevant Teams

Trade Finance

International Banking

Global Transaction Services

Documentary Credits

Treasury

Compliance

Risk Management

Financial Control

Operations

Legal

Credit Administration

Relevant Roles

Trade Finance Manager

International Banking Officer

Letter of Credit Specialist

Global Transaction Banking Manager

Import/Export Manager

Treasury Manager

Compliance Officer

Trade Operations Manager

Documentary Credits Manager

Banking Relationship Manager

Chief Financial Officer

Financial Controller

Trade Finance Analyst

Risk Management Officer

International Trade Specialist

Industries







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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