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Divisible Letter Of Credit for Australia

Divisible Letter Of Credit Template for Australia

A Divisible Letter of Credit is a specialized financial instrument governed by Australian banking laws and international trade regulations, particularly the UCP 600. This document establishes a credit facility that can be divided among multiple beneficiaries, typically used in large-scale international trade transactions. It outlines the terms and conditions for the division of credit, document requirements, payment terms, and the rights and obligations of all parties involved. The document incorporates specific provisions compliant with Australian banking regulations while maintaining international standards for documentary credits.

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Divisible Letter Of Credit

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What is a Divisible Letter Of Credit?

The Divisible Letter of Credit is a sophisticated financial instrument used when a single letter of credit needs to be divided among multiple beneficiaries, common in large international trade transactions or complex supply chain arrangements. This document type is particularly relevant in Australia's resource-rich economy, where large exports may involve multiple suppliers or sub-suppliers. It combines the security of a traditional letter of credit with the flexibility to accommodate multiple beneficiaries, making it ideal for large-scale transactions involving multiple parties. The document must comply with Australian banking regulations, the Banking Act 1959, and international standards such as UCP 600. It includes detailed provisions for credit division, document requirements, and payment terms, while incorporating necessary safeguards to protect all parties' interests.

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

1. Issuing Bank Details: Complete identification and contact details of the issuing bank

2. Applicant Information: Full details of the party requesting the Letter of Credit

3. Beneficiary Information: Details of the primary beneficiary and provisions for division of credit

4. Credit Amount and Currency: Total value of the Letter of Credit and specified currency

5. Form of Credit: Specification that this is a divisible letter of credit and its operational mechanism

6. Available With/By: Terms of availability and method of payment/negotiation

7. Expiry Date and Place: Validity period and location where the credit must be presented

8. Division Terms: Specific terms and conditions governing how the credit can be divided

9. Required Documents: List of documents required for presentation under the credit

10. Shipment Terms: Details of shipment including latest shipment date and partial shipments

11. Description of Goods/Services: Detailed description of the underlying transaction

12. Special Conditions: Any additional terms specific to this credit

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

1. Transferability Provisions: Include when the credit needs to be transferable to secondary beneficiaries

2. Revolving Terms: Include when the credit is both divisible and revolving

3. Back-to-Back Arrangements: Include when the credit allows for back-to-back LC arrangements

4. Electronic Presentation Terms: Include when electronic presentation of documents is permitted

5. Green Clause: Include when advance payments are permitted under specific conditions

6. Red Clause: Include when pre-shipment finance is permitted

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

8. Force Majeure Provisions: Include when specific force majeure terms beyond UCP 600 are needed

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

1. Schedule A - Division Request Form: Standard form for beneficiaries to request division of the credit

2. Schedule B - Required Document Formats: Ƶ or formats for required documents

3. Schedule C - Authorized Signatories: List of authorized signatories for the applicant and primary beneficiary

4. Schedule D - Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Schedule E - Presentation Schedule: Timeline and process for document presentation

6. Appendix 1 - UCP 600 Reference: Relevant articles of UCP 600 applicable to this credit

7. Appendix 2 - Division Procedures: Detailed procedures for implementing divisions of the credit

8. Appendix 3 - Communication Protocols: Procedures for communications between all parties

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Letter of Credit

Sector

Cost

Free to use
Relevant legal definitions











































Clauses



































Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Manufacturing

Commodities Trading

Shipping and Logistics

Agriculture

Mining and Resources

Wholesale Trade

Retail Trade

Construction

Relevant Teams

Trade Finance

International Banking

Credit Operations

Legal

Compliance

Risk Management

Treasury

Documentary Credits

Trade Operations

Commercial Banking

Relevant Roles

Trade Finance Manager

International Trade Specialist

Credit Manager

Banking Operations Manager

Financial Controller

Treasury Manager

Import/Export Manager

Documentary Credits Specialist

Trade Operations Officer

Compliance Officer

Legal Counsel

Commercial Banking Manager

Senior Credit Analyst

Trade Finance Operations Manager

Risk Manager

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

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