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Commercial Standby Letter Of Credit for the United States

Commercial Standby Letter Of Credit Template for United States

A Commercial Standby Letter of Credit is a financial instrument issued by a bank that guarantees payment to a beneficiary if the applicant fails to fulfill specified obligations. Governed by US banking regulations, particularly UCC Article 5, it serves as a payment security mechanism that can be drawn upon only when specific conditions are met. The document outlines the terms, conditions, and procedures for drawing upon the credit, including expiry dates, drawing conditions, and required documentation.

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Commercial Standby Letter Of Credit

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What is a Commercial Standby Letter Of Credit?

Commercial Standby Letters of Credit are essential financial instruments in US commercial transactions, particularly in international trade and large-scale projects. This document type provides a bank's guarantee of payment to a beneficiary if the applicant defaults on their obligations. The Commercial Standby Letter of Credit includes specific terms regarding the credit amount, expiry date, drawing conditions, and required documentation. It is governed by US banking regulations, particularly UCC Article 5 and international banking practices (ISP98), making it a standardized and internationally recognized instrument for securing commercial obligations.

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

1. Issuing Bank Details: Complete identification and contact information of the issuing bank, including registration number, address, and authorized signatories

2. Beneficiary Information: Full details of the party in whose favor the SBLC is issued, including legal name, address, and account information

3. Applicant Information: Details of the party requesting the SBLC, including full legal name, address, and relationship to the underlying transaction

4. Credit Amount and Currency: Specific amount and currency of the SBLC, including any provisions for currency conversion if applicable

5. Expiry Terms: Clear statement of when the SBLC expires, including date, time, and place of expiry

6. Drawing Conditions: Specific conditions and requirements under which the beneficiary can draw on the SBLC, including required documentation and procedures

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

1. Transferability Clause: Optional provisions defining whether and how the SBLC may be transferred to other parties

2. Automatic Extension Clause: Optional provisions for automatic extension or renewal of the SBLC under specified conditions

3. Partial Drawing Provisions: Optional terms specifying whether and how partial drawings against the SBLC are permitted

4. Governing Law Choice: Optional explicit choice of law provisions when dealing with international parties

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

1. Form of Demand: Standard template for making a demand under the SBLC, including required format and content

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

3. Bank Authorization Forms: Standard forms and templates for bank processing and authorization of the SBLC

4. Fee Schedule: Schedule detailing all applicable fees, charges, and commission rates related to the SBLC

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

United States

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses




























Relevant Industries

International Trade

Construction

Manufacturing

Energy

Real Estate

Relevant Teams

Treasury

Finance

Legal

Trade Finance

Risk Management

Relevant Roles

Trade Finance Manager

Credit Officer

Treasury Manager

Commercial Banking Officer

Risk Manager

Industries

UCC Article 5: Uniform Commercial Code Article 5 governs Letters of Credit in the United States, providing the primary domestic legal framework for SBLCs

ISP98: International Standby Practices (ISP98) - A set of rules governing standby letters of credit, published by the International Chamber of Commerce

UCP 600: Uniform Customs and Practice for Documentary Credits - International rules for commercial letters of credit, often referenced in SBLCs

Federal Reserve Regulation H: Federal regulation governing state member banks' issuance of letters of credit and related banking activities

OCC Regulations: Office of the Comptroller of the Currency regulations governing national banks' letter of credit operations

FDIC Regulations: Federal Deposit Insurance Corporation regulations affecting banks' letter of credit activities and risk management

UN Convention on Independent Guarantees and Stand-by Letters of Credit: International convention providing uniform rules for standby letters of credit in cross-border transactions

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering in letter of credit transactions

Anti-Money Laundering Regulations: Regulatory framework to prevent the use of letters of credit for money laundering purposes

USA PATRIOT Act: Federal law containing provisions affecting financial institutions' due diligence requirements in letter of credit transactions

Foreign Corrupt Practices Act: Federal law prohibiting corrupt practices in international business transactions, including those involving letters of credit

OFAC Regulations: Office of Foreign Assets Control regulations governing international transactions and ensuring compliance with U.S. sanctions programs

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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