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Usance Lc Discounting for Australia

Usance Lc Discounting Template for Australia

This agreement governs the discounting of Usance Letters of Credit in Australia, providing a framework for exporters to obtain early payment on their deferred-payment LCs through a discounting bank. The document complies with Australian banking regulations, including the Banking Act 1959 and ASIC requirements, while incorporating international trade practices under UCP 600. It details the discounting facility terms, pricing mechanism, rights and obligations of parties, and risk mitigation measures, ensuring alignment with Australian financial services laws and international banking standards.

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What is a Usance Lc Discounting?

This document is essential for Australian businesses engaged in international trade seeking to improve their cash flow through trade finance arrangements. The Usance LC Discounting agreement enables exporters to receive immediate payment for their goods by selling their deferred-payment Letters of Credit to a bank at a discount. It is particularly relevant when exporters need working capital but have granted extended payment terms to their buyers through Usance LCs. The agreement covers crucial aspects including facility terms, pricing, documentation requirements, and risk allocation, all within the Australian legal framework and banking regulations. It incorporates both domestic requirements under Australian law and international banking practices, making it suitable for cross-border trade finance transactions while ensuring compliance with local regulatory requirements.

What sections should be included in a Usance Lc Discounting?

1. Parties: Identification of the parties to the agreement - typically the LC beneficiary (seller) and the discounting bank

2. Background: Context of the agreement, including reference to the underlying LC and trade transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Discounting Facility: Core terms of the discounting arrangement, including facility limit and availability

5. Discounting Process: Detailed procedures for submission and processing of discounting requests

6. Pricing and Fees: Discounting rate, fees, charges and calculation methods

7. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available

8. Representations and Warranties: Standard and specific representations made by the LC beneficiary

9. Covenants: Ongoing obligations of the LC beneficiary

10. Events of Default: Circumstances constituting default and consequences

11. Payments: Payment mechanics, timing, and currency provisions

12. General Provisions: Standard legal provisions including notices, amendments, governing law

What sections are optional to include in a Usance Lc Discounting?

1. Security Arrangements: Required when additional security or collateral is provided beyond the LC itself

2. Multi-currency Provisions: Needed when discounting facility covers LCs in multiple currencies

3. Relationship Manager: Required for ongoing facilities with dedicated bank relationship management

4. Electronic Trading Platform: Include when transactions will be processed through specific electronic platforms

5. Parent Company Guarantee: Required when parent company guarantee is part of the arrangement

6. Sanctions and Compliance: Enhanced compliance provisions for high-risk jurisdictions or parties

What schedules should be included in a Usance Lc Discounting?

1. Schedule 1 - Facility Particulars: Specific details of the facility including limits, pricing, and tenor

2. Schedule 2 - Form of Discounting Request: Standard form for submitting discounting requests

3. Schedule 3 - Conditions Precedent Documents: List of required documents to be provided before facility activation

4. Schedule 4 - Authorized Signatories: List of persons authorized to submit discounting requests

5. Schedule 5 - Calculation of Discounting Rate: Detailed methodology for calculating the applicable discount rate

6. Appendix A - Compliance Certificates: Standard forms for ongoing compliance certification

7. Appendix B - LC Documentation Requirements: Checklist of required LC and supporting documents

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

Manufacturing

Agriculture

Mining and Resources

Retail

Wholesale Distribution

Energy and Utilities

Commodities Trading

Textiles and Apparel

Technology Hardware

Relevant Teams

Legal

Finance

Treasury

International Trade Operations

Risk Management

Compliance

Trade Finance

Documentary Credits

Corporate Banking

Export Operations

Relevant Roles

Trade Finance Manager

Chief Financial Officer

Treasury Manager

Finance Director

International Business Manager

Export Manager

Trade Operations Manager

Risk Manager

Legal Counsel

Compliance Officer

Banking Relationship Manager

Documentary Credits Specialist

Financial Controller

Corporate Banking Officer

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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