Writing a Letter of Credit | Checklist & Templates (2024)

Table of Contents
Introduction Definitions Contents Get started Definition of a Letter of Credit Definition of a Commercial Letter of Credit Definition of a Standby Letter of Credit Types of Letters of Credit Revocable Letter of Credit Irrevocable Letter of Credit Confirmed Letter of Credit Unconfirmed Letter of Credit Transferable Letter of Credit Back-to-Back Letter of Credit Why Letters of Credit are Used Parties Involved in a Letter of Credit Beneficiary Applicant Issuing Bank Advising Bank Confirming Bank Requirements for a Letter of Credit Credit Amount Expiration Date Payment Terms Documents Required How to Write a Letter of Credit Gather the Necessary Information Draft the Letter of Credit Review and Finalize the Letter of Credit Negotiation of a Letter of Credit Negotiate Terms Match Documents to Requirements What to Do if a Letter of Credit is Rejected Analyze Reasons for Rejection Resubmit Documents Risks Involved with a Letter of Credit Credit Risk Documentary Risk Compliance Risk Fraud Risk Alternatives to a Letter of Credit Bank Guarantee Cash in Advance Documentary Collection Open Account FAQ Q: How do I know if a letter of credit is right for my situation? Q: Is there a difference between a domestic and international letter of credit? Q: What documents are typically required when applying for a letter of credit? Q: What are the main differences between UK, USA and EU jurisdictions when it comes to writing a letter of credit? Q: Are there any industry specific considerations when writing a letter of credit? Q: What is an irrevocable letter of credit? Q: What information should I include in my negotiation with banks regarding my letter? Q: What does ‘confirmation’ mean in relation to letters of credit? Q: Can I use electronic payments instead? Q: How do I know if I will actually need a letter at all? Example dispute Lawsuit Involving Letter of Credit Templates available (free to use) Links to get you started FAQs

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Introduction

Letter of credit is a financial instrument that plays an important role in protecting both parties in a trade transaction. It ensures payment and delivery of goods by guaranteeing that the buyer will pay for the goods supplied by the seller within a specified time period. This assurance provides buyers and sellers with peace of mind, knowing that either party will fulfill their obligations and be protected from defaults.

The use of letter of credit offers more flexibility in international trade as well. It allows parties to negotiate terms such as payment terms, delivery terms, and other conditions which are all legally binding. This means that in the event of any dispute occurring between buyers and sellers, they may rely on the terms stated in the document. Moreover, it can also help manage risk related to non-payment amidst unfamiliar parties or across borders where trust may be hard to establish.

At Genie AI, we have developed ‘the world’s largest open source legal template library’ so that anyone can draft up high quality legal documents without needing to call on a lawyer; our millions of data points teach our AI what a market-standard letter of credit looks like giving you access to reliable protection when trading with others! Check out our step-by-step guidance below or take advantage of our community template library today - no Genie AI account required!

Definitions

Contents

  1. Definition of a Letter of Credit
  2. Definition of a Commercial Letter of Credit
  3. Definition of a Standby Letter of Credit
  4. Types of Letters of Credit
  5. Revocable Letter of Credit
  6. Irrevocable Letter of Credit
  7. Confirmed Letter of Credit
  8. Unconfirmed Letter of Credit
  9. Transferable Letter of Credit
  10. Back-to-Back Letter of Credit
  11. Why Letters of Credit are Used
  12. Parties Involved in a Letter of Credit
  13. Beneficiary
  14. Applicant
  15. Issuing Bank
  16. Advising Bank
  17. Confirming Bank
  18. Requirements for a Letter of Credit
  19. Credit Amount
  20. Expiration Date
  21. Payment Terms
  22. Documents Required
  23. How to Write a Letter of Credit
  24. Gather the Necessary Information
  25. Draft the Letter of Credit
  26. Review and Finalize the Letter of Credit
  27. Negotiation of a Letter of Credit
  28. Negotiate Terms
  29. Match Documents to Requirements
  30. What to Do if a Letter of Credit is Rejected
  31. Analyze Reasons for Rejection
  32. Resubmit Documents
  33. Risks Involved with a Letter of Credit
  34. Credit Risk
  35. Documentary Risk
  36. Compliance Risk
  37. Fraud Risk
  38. Alternatives to a Letter of Credit
  39. Bank Guarantee
  40. Cash in Advance
  41. Documentary Collection
  42. Open Account

Get started

Definition of a Letter of Credit

  • Understand what a letter of credit is: a financial instrument or document issued by a bank or financial institution that guarantees payment to a seller of goods or services provided certain conditions are met.
  • Learn the differences between a letter of credit and other forms of payment, such as a check or cash.
  • When you can confidently explain what a letter of credit is, you can move on to the next step.

Definition of a Commercial Letter of Credit

  • Understand the definition of a Commercial Letter of Credit. A Commercial Letter of Credit is an agreement between a buyer and seller that gives the seller assurance that the buyer will pay for goods and services according to the terms outlined in the letter.
  • Research the rules and regulations for Commercial Letters of Credit. Depending on the type of credit, there may be different regulations and terms that need to be followed.
  • Know the different types of Commercial Letters of Credit. There are several types of Commercial Letters of Credit, including Revolving, Back-to-Back, Standby, and Transferable.
  • When you have an understanding of the definition of a Commercial Letter of Credit, the related rules and regulations, and the different types, you can check this step off your list and move on to the next step.

Definition of a Standby Letter of Credit

  • Understand the purpose of a standby letter of credit and how it works
  • Know the difference between a standby letter of credit and a commercial letter of credit
  • Be aware of the risks involved with a standby letter of credit
  • Know when a standby letter of credit is used
  • Understand the terms and conditions of a standby letter of credit

Once you understand the purpose, risks, and terms of a standby letter of credit, you can check this off your list and move on to the next step.

Types of Letters of Credit

  • A letter of credit is a financial instrument used to guarantee payment between two parties.
  • There are several different types of letters of credit, including commercial letters of credit, standby letters of credit, revocable letters of credit, irrevocable letters of credit, and confirmed letters of credit.
  • Commercial letters of credit are used to finance the purchase of goods and services between parties.
  • Standby letters of credit are used to guarantee performance in the case of a contractual agreement.
  • Revocable letters of credit are issued by a bank and can be modified or cancelled by the issuing bank at any time.
  • Irrevocable letters of credit are issued by a bank and cannot be modified or cancelled by the issuing bank without the consent of both parties.
  • Confirmed letters of credit are issued by a bank and are also backed by a second bank, typically in a foreign country.

You will know that you have completed this step when you are able to clearly identify and describe each of the types of letters of credit.

Revocable Letter of Credit

  • Know the difference between a revocable letter of credit and an irrevocable letter of credit
  • Understand the terms of the revocable letter of credit which will include the expiry date, payment terms and credit limits
  • Draft the letter of credit according to the terms agreed upon with the seller, including the expiry date, payment terms, and credit limits
  • Sign the letter of credit documents as the issuing bank
  • Have the seller sign the documents as the beneficiary
  • Once the documents have been signed, you can check off this step and move on to the next step which is an irrevocable letter of credit

Irrevocable Letter of Credit

  1. Obtain a letter of credit application from the bank and fill it out with the relevant information.
  2. Submit the letter of credit application to your bank for approval.
  3. Once the application is approved, the bank will provide you with an irrevocable letter of credit.
  4. Make sure that the letter of credit contains all the required information, including the payment amount, currency, date of payment, and other details.
  5. Confirm that all parties involved in the transaction have signed the letter of credit.
  6. You will know that this step is complete once you have a valid, approved irrevocable letter of credit.

Confirmed Letter of Credit

  • Contact the issuing bank and provide them with the credit information, including the amount of credit, the expiry date, and other details
  • The issuing bank will then confirm the credit and provide a document that states the terms and conditions of the confirmed credit
  • The confirming bank is then provided with the confirmed credit document and is obligated to honour the terms and conditions as agreed upon
  • Once the confirming bank has received and accepted the confirmed credit, the beneficiary may draw against it
  • The transaction is complete when the beneficiary is able to collect the payment

You will know when you can check this off your list and move on to the next step when the confirming bank has accepted and honoured the terms and conditions of the credit.

Unconfirmed Letter of Credit

  • Contact the issuing bank and provide them all necessary information, such as the name, address, and contact information of the beneficiary, amount of the credit, expiration date, and any other necessary details
  • Request that the issuing bank issue an unconfirmed letter of credit
  • The issuing bank will then issue the unconfirmed letter of credit to the beneficiary
  • The beneficiary must then accept the terms of the unconfirmed letter of credit
  • The issuing bank will then confirm the letter of credit, after which it becomes a confirmed letter of credit
  • You will know that you have completed this step when the issuing bank has issued the unconfirmed letter of credit to the beneficiary, and the beneficiary has accepted the terms of the unconfirmed letter of credit.

Transferable Letter of Credit

  • A transferable Letter of Credit (L/C) is an L/C that can be transferred to a third party by the beneficiary.
  • When setting up a transferable L/C, the issuer must state in the L/C that it is “transferable”.
  • The beneficiary must request transfer to the third party from the issuer and obtain the issuer’s consent.
  • The beneficiary will receive a new L/C from the issuer with the same terms as the original L/C, but with the third party listed as the beneficiary.
  • You will know you have completed this step when you have received the new L/C from the issuer, with the third party listed as the beneficiary.

Back-to-Back Letter of Credit

  • Understand the terms of the original letter of credit and the requirements of the issuing bank and beneficiary
  • Review the terms of the original letter of credit and check that it is still valid
  • Draft a second letter of credit using the terms of the original letter of credit
  • Submit the application for the back-to-back letter of credit to the issuing bank
  • Once the issuing bank has approved the application, it will issue the back-to-back letter of credit
  • You will know you can check this step off your list and move on to the next step when the back-to-back letter of credit has been issued by the issuing bank.

Why Letters of Credit are Used

  • Understand why letters of credit are used: they are used as a form of payment security; they guarantee that buyers will pay the suppliers, and suppliers will deliver the goods to the buyer.
  • Understand the purpose of letters of credit: they are a form of payment security; they guarantee that buyers will pay the suppliers and suppliers will deliver the goods to the buyer.
  • Learn the different types of letters of credit: there are three main types of letters of credit- irrevocable, revocable, and confirmed. Each type of letter of credit has different features and benefits.
  • Know the risks involved with letters of credit: it is important to understand the risks involved with letters of credit, such as the risk of non-payment and the risk of fraud.

When you can check this step off your list: When you have a thorough understanding of why letters of credit are used and the purpose and different types of letters of credit, as well as the risks associated with them.

Parties Involved in a Letter of Credit

  • When writing a letter of credit (LC), the most important parties to consider are the issuer, the beneficiary, and the advising bank.
  • The issuer is the party who will ultimately pay for goods or services upon receiving the required documents from the beneficiary.
  • The beneficiary is the party who will be receiving payment for goods or services provided.
  • The advising bank is the party who advises the beneficiary of the LC and is also responsible for verifying the beneficiary’s documents.
  • Once you’ve identified each of the parties involved in the LC, you can check this step off your list and move on to the next step.

Beneficiary

  • Identify the beneficiary of the letter of credit. This is usually the seller of the goods or services being paid for.
  • Make sure to include the beneficiary’s full name and address.
  • When you have identified the beneficiary and included their full name and address, you can check this step off your list and move on to the next step.

Applicant

  • Applicant should review the Letter of Credit and its terms to ensure they can comply
  • Applicant should sign and return an acceptance form to the Beneficiary
  • Applicant should ensure that the necessary documents and compliance are completed according to the terms of the Letter of Credit
  • Applicant should be prepared to provide evidence of goods, services, or other items as specified in the Letter of Credit
  • Applicant should check with the issuing bank to ensure all documents and payments have been made, and that the Letter of Credit has been accepted
  • Once all documents and payments have been made, the Applicant can check this step off their list, and move on to the next step (Issuing Bank).

Issuing Bank

  • Contact the issuing bank and obtain the letter of credit form
  • Fill out the form with the necessary information, such as the applicant and the beneficiary
  • Submit the form to the issuing bank, along with any other requested documents
  • Wait for the issuing bank to approve the letter of credit
  • Once approved, the issuing bank will issue a confirmation letter to the applicant and the beneficiary
  • This completes the issuing bank’s part of the process and you can move on to the next step of finding an advising bank

Advising Bank

  • The Advising Bank issues the Letter of Credit to the Beneficiary upon request from the Issuing Bank
  • The Advising Bank will check the documents presented by the Beneficiary and confirm that they are in compliance with the terms and conditions of the Letter of Credit
  • The Advising Bank will also verify that the Beneficiary is a valid and legitimate company
  • Once the documents are verified and the Beneficiary is confirmed, the Advising Bank will issue the Letter of Credit to the Beneficiary
  • You can check this step off your list and move on to the Confirming Bank when the Letter of Credit is issued to the Beneficiary.

Confirming Bank

  • Contact the issuing bank and request for a confirmation of the letter of credit
  • Ask for the confirming bank to provide a full guarantee of payment to the beneficiary
  • Provide the confirming bank with all relevant information about the letter of credit, including the issuing bank and beneficiary, the credit amount and all other terms and conditions
  • Receive confirmation from the confirming bank that they will guarantee payment to the beneficiary
  • Check off this step from your list and proceed to the next step, which is to understand the requirements for a letter of credit.

Requirements for a Letter of Credit

  • Ensure that all parties involved in the Letter of Credit are aware of the applicable rules, regulations, and requirements.
  • Determine the amount of the credit and the terms and conditions of the transaction.
  • Establish the type of credit that will be used and the applicable payment terms.
  • Establish the payment schedule and any special instructions related to the payment.
  • Include any other specific requirements, such as documents required for payment.

Once you have determined all the requirements and have established the terms and conditions of the transaction, you can move on to the next step of the guide.

Credit Amount

  • Calculate the total credit amount that will be issued by the issuing bank
  • The credit amount will be the maximum amount that the beneficiary can draw against the letter of credit
  • Make sure to include any additional fees in the credit amount
  • When you have determined the total credit amount, you can check this step off your list and move on to the next step: Expiration Date

Expiration Date

  • Set a definite expiration date for the letter of credit, taking into account the time it will take for goods to be shipped and received
  • This should not be more than six months from the date of issuing the letter of credit
  • The expiration date should be clearly stated in the letter of credit
  • Once the date is set, the letter of credit can be issued and you can move on to the next step
  • You’ll know that you’re done with this step when the expiration date is set and stated in the letter of credit

Payment Terms

  • Determine the payment terms for the letter of credit - this will typically be a certain number of days after shipment
  • If the buyer and seller have already agreed on payment terms, make sure these are listed in the letter of credit
  • If payment terms need to be negotiated between the buyer and seller, make sure these are incorporated into the letter of credit
  • Once the payment terms have been agreed upon and set out in the letter of credit, you can check this step off your list and move on to the next step.

Documents Required

  • Gather information about the buyer, seller, and goods the buyer is purchasing
  • Obtain a credit application from the buyer, which should include the buyer’s financial information and creditworthiness
  • Ensure that necessary documents such as the purchase contract, invoice, and shipping documents are available
  • When all necessary documents have been gathered and reviewed, you can move on to the next step!

How to Write a Letter of Credit

  • Prepare the letter of credit documents, including the credit application, bank instructions, and the credit agreement
  • Make sure all documents are signed, dated, and include all necessary information
  • Submit documents to the issuing bank
  • Confirm that the bank has accepted the documents
  • You will know when you can check this off your list when the issuing bank has accepted the documents for processing

Gather the Necessary Information

  • Identify the issuing bank and the beneficiary
  • Ensure that the terms of the letter of credit are within the issuing bank’s credit limits
  • Confirm the credit amount, currency, and expiration date
  • Identify the goods or services to be provided
  • Gather any other relevant documents that may be needed
  • When all of the necessary information is gathered and checked, you can move on to drafting the letter of credit.

Draft the Letter of Credit

  • Determine the relevant information needed, such as the date, letter of credit number, issuing bank, etc.
  • Gather the necessary documents, such as the buyer’s order and the seller’s commercial invoice.
  • Use the information gathered to create a draft of the letter of credit.
  • Ensure that all relevant information is included in the letter of credit, as well as any special instructions.
  • Double-check that all information is accurate, and that the letter of credit is compliant with the Uniform Customs and Practice for Documentary Credits (UCP).

When you can check this off your list and move on to the next step:

  • Once the draft of the letter of credit is complete and all information is accurate, you can move on to the next step.

Review and Finalize the Letter of Credit

  • Check the Letter of Credit (LOC) for accuracy, completeness, and compliance with all relevant regulations
  • Ensure the bank’s terms and conditions are included in the LOC
  • Ensure all parties involved have agreed to the LOC
  • Ensure all signatures have been obtained
  • Ensure all documents required to support the LOC are in order
  • Ensure that the LOC is properly authorized by the issuing bank
  • Once all these points are checked and verified, the LOC can be issued
  • You can check this step off your list once the LOC has been issued and all signatures have been obtained.

Negotiation of a Letter of Credit

  • Contact all parties involved in the transaction to agree on the terms and conditions of the letter of credit
  • Discuss any differences between the letter of credit and the underlying sales contract
  • Ensure all conditions are acceptable to all parties involved
  • Make any necessary amendments to the letter of credit to ensure all parties agree to the terms
  • Sign and date the letter of credit
  • When all parties have agreed to the terms and conditions, the letter of credit is ready to be issued.

Negotiate Terms

  • Have the customer and supplier agree on all terms of the sale, including the payment, delivery and other details
  • Make sure all terms are written, signed and dated by both parties
  • Discuss and agree on the documents that both parties will need to provide, such as invoices, shipping documents and other proof of delivery
  • Determine who is responsible for any costs associated with the transaction, such as shipping costs or fees
  • Once all terms have been agreed upon and documented, you can move on to the next step of matching documents to the requirements of the letter of credit.

Match Documents to Requirements

  • Ensure the documents presented by the seller for the purpose of drawing on the letter of credit match the terms of the credit
  • Check that the documents are in accordance with the Uniform Customs and Practices for Documentary Credits (UCP)
  • Ask the seller to provide additional documents if necessary
  • Confirm that the documents are presentable and complete
  • Once the documents are confirmed to match the terms of the credit, the buyer can move forward to the next step
  • If the documents are not in accordance with the terms of the credit, the buyer will have to reject them

What to Do if a Letter of Credit is Rejected

  • Contact the issuing bank to find out why the documents were rejected.
  • Request a formal rejection document, which will list the specific reasons for rejection.
  • Review the rejection document to identify the reasons for the rejection.
  • Make changes to documents to address the points of rejection, or provide additional documents or information as needed.
  • Resubmit the documents to the issuing bank, and request that the documents be reviewed again.
  • Once the documents have been approved by the issuing bank, you can move on to the next step.

Analyze Reasons for Rejection

  • Review the letter of credit to identify any discrepancies or errors
  • Check if the discrepancies or errors can be corrected
  • Contact the issuing bank to discuss the discrepancy or error
  • If corrections are needed, determine what documents need to be resubmitted and ensure they are accurate
  • Ask the issuing bank to confirm if the correction is sufficient
  • Once the issuing bank confirms that the corrections are sufficient, you can move on to the next step of resubmitting documents.

Resubmit Documents

  • Check the rejection letter to understand the reasons for rejection
  • Make the necessary changes to the documents and resubmit them
  • Make sure to include all the information that the issuing bank needs
  • Check the documents to ensure they are accurate and comprehensive
  • Resubmit the documents to the issuing bank
  • Confirm that the documents have been accepted by the issuing bank
  • Once you receive confirmation, you can move on to the next step in the process

Risks Involved with a Letter of Credit

  • Understand the different types of letters of credit
  • Consider the risk of non-payment
  • Understand the different parties involved in a letter of credit
  • Consider the risk of fraud
  • Research the different rules and regulations governing letters of credit
  • Consider the impact of foreign exchange risks

You can check off this step when you have a good understanding of the different types of letters of credit, the parties involved, the different rules and regulations, and any risks that can be associated with them.

Credit Risk

  • Understand the credit risk associated with the buyer, seller, and guarantor
  • Verify that the buyer, seller, and guarantor have the financial capacity to fulfill their obligations
  • Understand the terms and conditions, and any additional fees and interest associated with the letter of credit
  • Make sure the buyer, seller, and guarantor are aware of the credit risk and financial obligations associated with the letter of credit
  • When all parties have been informed of the credit risk, you can check this off your list and move on to the next step.

Documentary Risk

  • Ensure that documents specified in the letter of credit match the goods and services being shipped, and that they are in accordance with the instructions of the issuing bank
  • Ensure documents comply with the letter of credit’s terms, conditions, and any applicable regulations
  • Verify that documents are properly signed and that signatures are authentic
  • Ensure documents are dated and valid
  • Compare documents to the description of goods and services in the credit
  • You will know when this step is complete when all documents have been reviewed and verified in accordance with the letter of credit’s terms and conditions.

Compliance Risk

  • Ensure that all parties listed are legally allowed to enter into the agreement.
  • Verify that the legal documentation of the parties is accurate and up to date.
  • Make sure that all regulations, laws and guidelines are followed in the agreement.
  • Ensure that the currency and language used in the agreement are allowed by the governing regulations.
  • Check that all documents used in the agreement are compliant with the regulations.

Once all the requirements are met, you can move on to the next step: Fraud Risk.

Fraud Risk

  • Ensure the information provided by both parties is accurate and complete.
  • Verify the buyer’s credit history and payment track record to ensure that the buyer is trustworthy.
  • Ensure that the parties involved are legitimate and have the legal authority to enter into the agreement.
  • Verify the security of the transaction to ensure that the money will be secure and protected.
  • Monitor the transaction and its progress to ensure that it is completed as agreed.

When you have completed the above steps, you can move on to the next step in the guide.

Alternatives to a Letter of Credit

  • Research bank guarantees and other payment methods that can replace Letters of Credit
  • Speak to your bank about the best option for your needs
  • Compare costs, fees, and other factors related to each payment method
  • Once you have identified the best option for your needs, you can check this off your list and move on to the next step.

Bank Guarantee

  • Contact your bank to discuss the option of a bank guarantee
  • Determine if a bank guarantee is the best option for your situation
  • Provide the bank with all the necessary information and documents
  • Negotiate terms and conditions with the bank
  • Sign the agreement and make the payment
  • Obtain the bank guarantee
  • Check to see if the bank guarantee meets the requirements for your particular letter of credit
  • When the bank guarantee is approved, you can move on to the next step: Cash in Advance.

Cash in Advance

  • Contact the buyer and obtain their requirements for the letter of credit
  • Confirm the terms of the letter of credit with the buyer
  • Confirm the terms of the letter of credit with the seller
  • Draft the letter of credit and send to the buyer for approval
  • Once the buyer approves the letter of credit, send it to the issuing bank
  • The issuing bank will then issue the letter of credit, and it will be sent to the seller
  • The seller will then present the letter of credit to the issuing bank in order to receive payment
  • The issuing bank will then process the payment and transfer the funds to the seller
  • Once the payment has been processed and the funds have been transferred, this step is complete
  • Check off this step and move on to the next step (Documentary Collection)

Documentary Collection

  • Prepare the documents required by the letter of credit, including but not limited to the commercial invoice, bill of lading, packing list, certificate of origin, and insurance document
  • Make sure all documents are properly completed and compliant with the letter of credit
  • Ensure a clean document collection that meets the terms and conditions of the letter of credit
  • Present the documents to the drawee for payment
  • Once the drawee has accepted the documents and made payment, you can check off this step and move on to the next step - Open Account

Open Account

  • Contact your bank to open a letter of credit account
  • Provide details of the transaction, including the amount of the credit, the expiry date, and the terms of payment
  • Provide the documents needed to open the credit, such as a declaration of the buyer’s financial status
  • Have the bank issue the letter of credit
  • You will know you have completed this step when the bank has issued the letter of credit and you have received the documentation.

FAQ

Q: How do I know if a letter of credit is right for my situation?

Asked by Sarah on April 21st 2022.
A: Before deciding if a letter of credit is right for your situation, it’s important to consider the purpose of the transaction, the parties involved, and the governing laws. Consider if the parties are able to trust each other to complete their obligations, and if the goods or services being exchanged are clearly defined. If these conditions can’t be met, then a letter of credit may be an appropriate option for ensuring that all parties meet their obligations.

Q: Is there a difference between a domestic and international letter of credit?

Asked by John on August 5th 2022.
A: Yes, there is a difference between domestic and international letters of credit. Domestic letters of credit are used within one country’s legal system whereas international letters of credit are used in transactions that involve more than one country’s legal system. International letters of credit must comply with the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the International Chamber of Commerce (ICC).

Q: What documents are typically required when applying for a letter of credit?

Asked by Emma on January 3rd 2022.
A: The documents required when applying for a letter of credit will depend on the type of transaction and the governing laws. Generally, however, a letter of credit will require documentation such as an invoice, bill of lading, shipping documents, and commercial documents such as certificates of origin or quality control certificates. Additionally, depending on the type of transaction, documents such as bank statements, proof of payment and insurance policies may also be required.

Q: What are the main differences between UK, USA and EU jurisdictions when it comes to writing a letter of credit?

Asked by David on July 1st 2022.
A: The main differences between UK, USA and EU jurisdictions when it comes to writing a letter of credit include the applicable laws and regulations that must be adhered to in each jurisdiction. In the UK, letters of credit must comply with the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the International Chamber of Commerce (ICC). In the US, letters of credit must comply with both UCP 600 as well as additional US laws such as UCC Article 5 and UCC Article 8. In the EU, letters of credit must comply with both UCP 600 as well as additional EU laws such as Regulation (EU) No 575/2013 on Prudential Requirements for Credit Institutions and Investment Firms (CRR) and Directive 2014/65/EU on Markets in Financial Instruments (MiFID II).

Q: Are there any industry specific considerations when writing a letter of credit?

Asked by Jessica on October 30th 2022.
A: Yes, there can be industry specific considerations when writing a letter of credit depending on the sector or business model involved in the transaction. For example, if you are dealing with Software-as-a-Service (SaaS) providers then you may need to consider additional documentation related to hosting agreements or software licenses. Additionally, for technology companies you may need to consider additional documentation related to intellectual property rights or patents. It is important to be aware of any industry specific considerations prior to writing a letter of credit so that all relevant parties can meet their obligations under the terms of the agreement.

Q: What is an irrevocable letter of credit?

Asked by Michael on March 12th 2022.
A: An irrevocable letter of credit is a form of payment guarantee that cannot be changed or cancelled without prior agreement from all parties involved in the transaction. This type of letter is commonly used in international trade transactions where one party needs assurance that they will receive payment upon delivery or completion of services specified in an agreement. An irrevocable letter is binding on all parties involved in the transaction and provides greater protection from potential losses due to non-payment or breach of contract than other forms of payment guarantees such as promissory notes or bills of exchange.

Q: What information should I include in my negotiation with banks regarding my letter?

Asked by Jacob on December 15th 2022.
A: When negotiating with banks about your letter of credit it is important to provide them with clear and detailed information about your transaction including any specific requirements or restrictions you may have in place regarding payment terms or delivery conditions. Additionally, you should also provide them with details about any applicable laws or regulations that must be adhered to during the transaction such as UCP 600 or US laws such as UCC Article 5 and UCC Article 8 depending on where your transaction falls under jurisdictionally speaking. Finally, you should also inform them about any insurance policies you have in place that relate to your transaction so that they can properly assess their risk exposure before agreeing to provide you with a letter.

Q: What does ‘confirmation’ mean in relation to letters of credit?

Asked by Matthew on June 28th 2022.
A: Confirmation is an additional guarantee provided by a third party bank in relation to a letter of credit issued by another bank. This means that if there is ever an issue with payment due under an issued letter then both banks will be liable for covering any losses incurred due to non-payment or breach of contract rather than just one bank being liable solely for covering those losses. The confirmation process can be expensive however so it may not always make sense financially depending on the size and complexity of your transaction.

Q: Can I use electronic payments instead?

Asked by Ashley on November 11th 2022.
A: Yes, electronic payments can sometimes be used instead of letters credits depending on your particular circ*mstances and needs. Electronic payments offer several advantages over traditional methods such as faster processing times, lower costs associated with international transfers and increased security due to enhanced encryption protocols used when making payments electronically compared with traditional paper-based methods such as cheques or money orders which have been traditionally used for international payments in past decades but have become increasingly less popular due to their lack convenience and security compared with modern electronic payment solutions…

Q: How do I know if I will actually need a letter at all?

Asked by Justin on February 22nd 2022.
A: Determining whether you actually need a letter depends largely upon your particular circ*mstances and needs but generally speaking it may make sense to use one if there is any risk associated with non-payment or breach in contract between yourself and another party involved in your transaction such as an international supplier or customer across borders where trust may not exist between parties due to cultural differences or language barriers etc… A properly drafted and executed letter can provide assurance that all parties will meet their obligations under the terms agreed upon thus reducing any potential losses due to non-payment or breach in contract which could otherwise occur without one being put into place prior to engaging in any sort exchange goods services etc…

Example dispute

Lawsuit Involving Letter of Credit

  • The plaintiff must provide evidence that the letter of credit was issued and accepted by the defendant in order to win the lawsuit.
  • The plaintiff must also provide evidence that the defendant failed to fulfill the terms of the letter of credit, or breached the agreement in some way.
  • Depending on the terms of the letter of credit, the plaintiff can seek monetary damages or other remedies such as a return of goods or services.
  • The plaintiff may also be able to seek an injunction or other court orders to compel the defendant to comply with the terms of the letter of credit.
  • The court may award the plaintiff punitive damages if the defendant’s breach was intentional or reckless.
  • The court may also award the plaintiff attorney’s fees and costs associated with the lawsuit.

Templates available (free to use)

Commercial Letter Of Credit For Domestic Sale Transactions
Commercial Letter Of Credit For International Sale Transactions
Commercial Letter Of Credit Reimbursem*nt Contract
Counter Standby Letter Of Credit
Extend Or Pay Demand For Standby Letter Of Credit
Letter Of Credit Application To Bank
Letter Of Credit Contract
Letter Of Credit Facility
Letter Of Credit Facility Agreement
Sight Draft For Commercial Letter Of Credit
Sight Draft For Standby Letter Of Credit
Standby Letter Of Credit
Standby Letter Of Credit Contract
Standby Letter Of Credit Reimbursem*nt Contract
Time Draft For Commercial Letter Of Credit
Time Draft For Standby Letter Of Credit

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Links to get you started

Our Legal AI Assistant (free while in beta)
Contract Template Library
Legal Clause Library

Writing a Letter of Credit | Checklist & Templates (2024)

FAQs

What is an example of a letter of credit? ›

Example: An Indian exporter receives an export LC from his overseas client in the Netherlands. The Indian exporter approaches his banker with a request to issue an LC in favour of his local supplier of raw materials. The bank issues an LC backed by the export LC.

What is letter of credit answer? ›

A Letter of Credit is a contractual commitment by the foreign buyer's bank to pay once the exporter ships the goods and presents the required documentation to the exporter's bank as proof. As a trade finance tool, Letters of Credit are designed to protect both exporters and importers.

What documents are required for LC? ›

Prepare Accurate Documents: Ensure all documents are accurately prepared and reflect the exact terms stated in the LC. This includes commercial invoices, packing lists, bills of lading (or airway bills), insurance documents, and any other required certificates (like inspection or origin certificates).

What is a letter of credit for dummies? ›

A letter of credit, or a credit letter, is a letter from a bank guaranteeing that a buyer's payment to a seller will be received on time and for the correct amount. If the buyer is unable to make a payment on the purchase, the bank will be required to cover the full or remaining amount of the purchase.

What are the two negatives associated with a letter of credit? ›

Disadvantages of a letter of credit:
  • Usually covers single transactions for a single buyer, meaning you need a different letter of credit for each transaction.
  • Expensive, tedious and time consuming in terms of absolute cost, working capital, and credit line usage.
Oct 27, 2021

What is the LC verbiage? ›

A letter of credit or LC is a written document issued by the importer's bank (opening bank) on importer's behalf. Through its issuance, the exporter is assured that the issuing bank will make a payment to the exporter for the international trade conducted between both the parties.

What is an acceptable letter of credit? ›

Acceptable Letter of Credit means a standby letter of credit, issued by a bank or financial institution acceptable to Bank in its Permitted Discretion, in form and substance satisfactory to Bank in its Permitted Discretion, in an amount equal to 105% of the Letter of Credit Usage, naming Bank as beneficiary to ...

What is the red clause in a letter of credit? ›

What is a red clause letter of credit? A red clause letter of credit is a form of legal document in payment methods that allows an importer to pay the exporter in advance. Since the importer is confident that the exporter will deliver goods as per schedule, the importer offers to make the payment in advance.

Who issues a letter of credit? ›

A letter of credit is essentially a financial contract between a bank, a bank's customer and a beneficiary. Generally issued by an importer's bank, the letter of credit guarantees the beneficiary will be paid once the conditions of the letter of credit have been met.

What are the principles of letter of credit? ›

The fundamental principle of all letters of credit is that letters of credit deal with documents and not with goods. The payment obligation is independent from the underlying contract of sale or any other contract in the transaction.

How to prepare a letter of credit? ›

The basic letter of credit procedure:
  1. Purchase and sales agreement. The buyer and the seller draw up a purchase and sales agreement. ...
  2. Buyer applies for letter of credit. ...
  3. Issue letter of credit. ...
  4. Advise letter of credit. ...
  5. Prepare shipment. ...
  6. Present documents. ...
  7. Payment. ...
  8. Document transfer.

Who pays for LC? ›

The importer - typically at the request of the exporter - buys a letter of credit from its bank, called the issuing bank. The fee that the importer pays for this letter depends on its creditworthiness, but can range from 1%-8% of the value of the goods. The issuing bank sends this letter to the exporter.

What are the rules of LC? ›

Letter of Credit at Sight

This article of the LC stipulates that all payments will be fulfilled as soon as there is documentation that the goods or services have been received by the buyer. This payment can be made by the buyer, or by the buyer's issuing bank, giving the buyer some additional time to fulfil the debt.

How do you write a credit letter explanation? ›

While the content of the letter will change depending on your situation, there are a few important aspects to include: Provide all details the best you can, including correct dates and dollar amounts. Explain how and when all situations were resolved. If they are not resolved, explain that as well.

What is an example of a line of credit? ›

A line of credit is considered a revolving account: borrowers can borrow and pay it off again and again without applying for a new loan. For example, a credit card is a line of credit. If you make purchases up to the card's credit limit, your available credit will be zero.

How much does a letter of credit cost? ›

A buyer will typically pay anywhere between 0.75% and 1.5% of the transaction's value, depending on the locations of the issuing banks.

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