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Lc Confirming Bank for Philippines

Lc Confirming Bank Template for Philippines

This document establishes the legal framework for a Letter of Credit confirmation arrangement under Philippine law, where a confirming bank adds its confirmation to a letter of credit issued by another bank. The agreement details the terms, conditions, and obligations of the confirmation service, including examination of documents, payment procedures, and risk allocation. It incorporates provisions compliant with Philippine banking regulations, particularly Republic Act No. 8791 (The General Banking Law of 2000) and BSP regulations, while adhering to international standards such as UCP 600.

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What is a Lc Confirming Bank?

The LC Confirming Bank agreement is a crucial document in international trade finance, particularly relevant in the Philippine context where cross-border transactions require additional security. This agreement is used when a bank (the confirming bank) adds its confirmation to a letter of credit issued by another bank, thereby providing an additional undertaking to pay the beneficiary. The document becomes necessary when the beneficiary seeks additional assurance of payment, typically due to concerns about the issuing bank's country risk or credit standing. It includes detailed provisions on the scope of confirmation, document examination procedures, payment terms, and risk allocation, all structured to comply with Philippine banking regulations and international banking practices. The agreement is particularly important in emerging market transactions where local banks' letters of credit may require confirmation from international banks to be commercially acceptable.

What sections should be included in a Lc Confirming Bank?

1. Parties: Identifies all parties to the agreement including the confirming bank, issuing bank, and beneficiary

2. Background: Contextual information about the underlying LC transaction and the purpose of confirmation

3. Definitions: Defines key terms used throughout the agreement, including banking, LC, and UCP 600 terminology

4. Scope of Confirmation: Details the extent and nature of the confirmation commitment

5. Terms and Conditions of Confirmation: Specifies the conditions under which the confirmation is provided and maintained

6. Fees and Charges: Outlines all fees, charges, and commission related to the confirmation service

7. Payment Terms: Details the payment mechanics, timeline, and procedures

8. Document Examination: Procedures for examining documents presented under the LC

9. Rights and Obligations: Defines the rights and obligations of each party under the confirmation arrangement

10. Representations and Warranties: Standard banking and corporate representations and warranties

11. Events of Default: Lists circumstances constituting default and corresponding remedies

12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for disputes

What sections are optional to include in a Lc Confirming Bank?

1. Counter-Guarantees: Required when the issuing bank provides additional security to the confirming bank

2. Assignment Provisions: Included when rights under the confirmation may be assigned

3. Sanctions Compliance: Added for international transactions involving sanctioned countries or entities

4. Force Majeure: Detailed force majeure provisions for high-risk jurisdictions

5. Electronic Commerce: Required when parties agree to use electronic presentation of documents

6. Anti-Money Laundering: Enhanced AML provisions for high-risk transactions or jurisdictions

What schedules should be included in a Lc Confirming Bank?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

2. Schedule 2 - Form of LC Confirmation: Standard template for the confirmation instrument

3. Schedule 3 - Document Examination Checklist: Standardized checklist for document verification

4. Schedule 4 - Communication Procedures: Protocols for communications between parties

5. Appendix A - Required Documents: List of required documents and their specifications

6. Appendix B - Specimen Signatures: Authorized signatures for all relevant parties

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

抖阴视频

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Banking

International Trade

Financial Services

Import/Export

Manufacturing

Retail

Commodities Trading

Shipping and Logistics

Agricultural Trade

Energy and Resources

Relevant Teams

Trade Finance

International Banking

Risk Management

Legal and Compliance

Operations

Documentary Credits

Treasury

Client Relations

Credit Analysis

Trade Operations

Relevant Roles

Trade Finance Manager

Documentary Credits Officer

International Banking Officer

Risk Management Officer

Compliance Officer

Letter of Credit Specialist

Trade Operations Manager

Banking Relationship Manager

Chief Risk Officer

Treasury Manager

International Trade Specialist

Banking Operations Director

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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