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Irrevocable Standby Letter Of Credit for the United Kingdom

Irrevocable Standby Letter Of Credit Template for England and Wales

An Irrevocable Standby Letter of Credit is a financial instrument governed by English and Welsh law, providing a bank's irrevocable undertaking to pay a specified sum to a beneficiary upon presentation of complying documents. It serves as a contingent payment obligation, typically used as security for performance or payment obligations. Under English law, these instruments are subject to strict compliance principles and are governed by both local legislation and international banking practices, including UCP 600 and ISP98.

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Irrevocable Standby Letter Of Credit

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What is a Irrevocable Standby Letter Of Credit?

The Irrevocable Standby Letter of Credit is a crucial financial instrument used when parties seek independent payment security for commercial transactions. It represents an irrevocable commitment by a bank to pay upon compliant presentation of documents, typically serving as a 'standby' facility that is drawn only if the underlying obligation is not fulfilled. Under English and Welsh law, these instruments are particularly valued for their independence from the underlying transaction and the strict compliance doctrine that governs their operation. They are commonly used in international trade, construction projects, and financial transactions where parties seek reliable payment security.

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

1. Issuing Bank Details: Full legal name, address, registration details and reference numbers of the issuing bank

2. Beneficiary Information: Complete identification details of the beneficiary including full legal name, address and registration details

3. Credit Amount and Currency: Precise statement of the amount and currency of the standby letter of credit, including any provisions for variation

4. Drawing Terms and Conditions: Detailed conditions and requirements that must be met for the credit to be drawn upon

5. Expiry Terms: Clear statement of expiry date, time and conditions, including the place where documents must be presented

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

1. Transfer Provisions: Terms and conditions for transfer of the credit to another beneficiary, if transferability is permitted

2. Partial Drawing Clause: Provisions allowing or prohibiting partial drawings under the credit

3. Automatic Extension Clause: Terms for automatic extension of the credit if certain conditions are met

4. Force Majeure Provisions: Specific provisions dealing with force majeure events affecting the credit

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

1. Form of Demand: Standard template for making a compliant demand under the letter of credit

2. Required Documents Schedule: Comprehensive list of documents required to be presented with any demand

3. Authentication Details: SWIFT or other authentication procedures and requirements

4. Specimen Signatures: Authorized signatures for the issuing bank and/or confirmation bank if applicable

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

England and Wales

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions


























Clauses


























Industries

UCP 600: Uniform Customs and Practice for Documentary Credits - primary rules governing the operation of letters of credit internationally

ISP98: International Standby Practices - specific rules governing standby letters of credit, providing an alternative to UCP 600 for standby credits

URR 725: Uniform Rules for Bank-to-Bank Reimbursements - rules governing the reimbursement obligations between banking institutions

Bills of Exchange Act 1882: Fundamental UK legislation governing negotiable instruments and certain aspects of documentary credits

Law of Property (Miscellaneous Provisions) Act 1989: English law governing formal requirements for certain types of contracts and property transactions

Contracts (Rights of Third Parties) Act 1999: UK legislation governing third party rights in contracts, relevant for beneficiaries of letters of credit

Financial Services and Markets Act 2000: Primary UK legislation governing financial services regulation and oversight of banking activities

UK Money Laundering Regulations 2017: Regulations governing anti-money laundering requirements for financial transactions including letters of credit

UN Convention on Independent Guarantees and Stand-by Letters of Credit: International convention providing uniform rules for independent guarantees and standby letters of credit

Power Curber International Ltd v National Bank of Kuwait SAK [1981]: Key English case law establishing principles regarding letters of credit and their autonomous nature

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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