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|||| Letters of Credit: The Basics
A documentary credit is a (conditional) bank undertaking of payment. It is a written undertaking by a bank (issuing bank) given to the seller (beneficiary) at the request, and on the instructions of the buyer (applicant) to pay at sight or at a determinable future date up to a stated sum of money, within a prescribed time limit and against stipulated documents or other conditions. The issuing bank is putting out its credit and good name for the sake of the buyer.
Because the documentary credit is a conditional undertaking, payment is made on behalf of the buyer against documents, which may represent the goods and give the buyer rights to them.
Because the documentary credit is a bank undertaking, the seller can look to the bank for payment, instead of relying upon the ability or willingness of the buyer to pay.
Documentary credits, therefore:
Are an arrangement by banks for settling international commercial transactions.
Provide a form of security for the parties involved.
Ensure payment, provided that the terms and conditions of the letter of credit have been fulfilled.
Mean that payment by such means is based on documents only, and not on merchandise or services involved.
|||| Types of Letters of Credit
Documentary; Merchandise, Commercial, Trade
The majority of LCs issued are in payment for goods in shipment or current services performed. Payment is normally made against documents for goods shipped. (Article 2 UCP 600)
Normally, this type of LC functions like a guarantee. This type of credit can be drawn against only upon performance of service or financial obligation default. It is a definite undertaking of the issuing bank. The standby letters of credit from Trade and Merchant Trust state that they are governed by UCP 600. If that is the case, should we mention ISP98.
Under UCP 600 a letter of credit is revocable even if there is no indication to that effect (article 3).
Bears only the obligation of the issuing bank. The beneficiary should look to the creditworthiness of only the issuing bank, and not to any intermediary (Article 7 UCP 600)
Is a credit in which a second obligation is added to the letter of credit by another bank (Article 8 UCP 600)
Payment is at sight, which means that the drafts and documents are honored, if in order, by making payment without delay.
The draft honored by accepting it for payment at a future date. Payment is delayed until the maturity of the draft.
Can be transferred by the original beneficiary to one or more other parties. It is normally used when the first beneficiary does not supply the merchandise himself, but is a middleman and wants to transfer all or part of his rights to the actual supplier (Article 38 UCP 600)
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