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Standby Letter Of Credit for the United States

Standby Letter Of Credit Template for United States

A Standby Letter of Credit (SLOC) is a financial instrument governed by U.S. banking regulations, particularly UCC Article 5, that serves as a guarantee of payment or performance. It represents an irrevocable commitment by a bank to pay a specified sum to a beneficiary when presented with complying documents. Under U.S. law, SLOCs are regulated by both federal and state banking authorities, with additional oversight from international banking standards like ISP98.

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Standby Letter Of Credit

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What is a Standby Letter Of Credit?

A Standby Letter of Credit is commonly used in business transactions where one party seeks financial assurance from another. It serves as a contingent obligation, becoming payable only upon the applicant's failure to perform or meet specified obligations. Used extensively in international trade and domestic transactions, SLOCs are governed by U.S. banking regulations and international practices. They typically include specific drawing conditions, expiry dates, and document requirements. The instrument provides security to beneficiaries while allowing applicants to avoid tying up large amounts of capital.

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

1. Issuing Bank Details: Full name, address, and contact information of the bank issuing the SLOC

2. Beneficiary Information: Complete details of the party in whose favor the SLOC is issued, including full name, address and contact information

3. Applicant Information: Details of the party requesting the SLOC, including full name, address and contact information

4. Credit Amount and Currency: Specific amount and currency of the SLOC, including any automatic reduction clauses if applicable

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

6. Drawing Conditions: Specific conditions and circumstances under which the beneficiary can draw on the SLOC

7. Required Documentation: Comprehensive list of documents needed for drawing under the SLOC, including format and submission requirements

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

1. Transfer Rights: Optional clause specifying whether the SLOC is transferable and under what conditions

2. Governing Rules Declaration: Optional specification of whether ISP98 or UCP 600 rules apply to this SLOC

3. Automatic Extension Clause: Optional evergreen clause specifying terms for automatic renewal of the SLOC

4. Partial Drawings: Optional clause specifying whether partial drawings are permitted under the SLOC

5. Multiple Drawings: Optional clause specifying whether multiple drawings are permitted under the SLOC

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

1. Drawing Certificate Template: Standard format template for beneficiary to make a demand under the SLOC

2. Form of Demand: Prescribed format and template for making a claim under the SLOC

3. Required Supporting Documents: Ƶ or examples of additional required documentation for drawing under the SLOC

4. Bank Contact Details: Complete contact information for relevant bank departments for presentations and inquiries

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

Real Estate

Energy

Manufacturing

Relevant Teams

Treasury

Finance

Legal

Procurement

Risk Management

Relevant Roles

Trade Finance Manager

Credit Risk Officer

Treasury Manager

Commercial Banking Officer

Contract Manager

Industries

Uniform Commercial Code (UCC) - Article 5: Primary US legislation governing Letters of Credit, providing fundamental rules for issuance, amendment, transfer, and honor/dishonor of letters of credit

International Standby Practices (ISP98): International standard rules specifically designed for standby letters of credit, widely adopted in the US banking industry

Uniform Customs and Practice for Documentary Credits (UCP 600): International rules primarily for commercial letters of credit, but sometimes referenced in standby letters of credit

Federal Reserve Regulation H: Federal Reserve regulation governing state member banks' operations including letter of credit issuance

Federal Reserve Regulation K: Federal Reserve regulation governing international banking operations and their letter of credit activities

OCC Regulation 12 CFR Part 7.1016: Office of the Comptroller of the Currency regulation specifically addressing Letters of Credit and Independent Undertakings

USA PATRIOT Act: Federal law containing anti-money laundering provisions and Know Your Customer (KYC) requirements applicable to letter of credit transactions

State Banking Laws: State-specific regulations governing banking operations and letter of credit issuance within individual states

OFAC Regulations: Office of Foreign Assets Control regulations governing international sanctions that must be considered in letter of credit transactions

Export Administration Regulations (EAR): Federal regulations controlling exports and related transactions, including certain aspects of international letters of credit

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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