Types of L/C
Types of L/C
Types of L/C
ON 11/09/12
Dear MIBIans
Lets discuss
about the
types of L/C s
Whats all about LC/ yea????
A Letter of Credit, simply defined, is a written
instrument issued by a bank at the request of its
customer, the Importer (Buyer), whereby the
bank promises to pay the Exporter (Beneficiary)
for goods or services, provided that the Exporter
presents all documents called for, exactly as
stipulated in the Letter of Credit, and meet all
other terms and conditions set out in the Letter
of Credit. A Letter of Credit is also commonly
referred to as a Documentary Credit.
Types of L/C
REVOCABLE L/C :-
Revocable LC can be amended or cancelled by the
issuing bank at any moment and without prior
notice to the beneficiary. This type of credit does
not doesn't constitute a legally binding
undertaking between the banks or bank
concerned and the beneficiary such as credit may
be modified or cancelled at any moment without
prior notice to the beneficiary. This type is of
limited utility and is not much use
IRREVOCABLE L/C
• An irrevocable LC constitutes a definite undertaking of
the issuing bank for the payment of the bills drawn
under the credit, provided the beneficiary presents the
stipulated documents to the credit nominated bank or
to the issuing bank and complies with all the condition s
of the credit.
• Thus the beneficiary receives a firm undertaking of the
issuing bank, giving him the security he desires.
• This type of credit can neither be modified nor
cancelled without the prior approval of the
beneficiary concerned and it is therefore, widely
accepted.
Confirmed L/C
• UCP basically recognize only the revo/irrevo LCs which
can be wither confirmed or unconfirmed. These rules
also make specific reference to transferable credits. But
all other credits are prevalent only by implication.
• Only IRREVO L/C are confirmed for obvious reasons, such
confirmation constitutes definite undertaking from the
confirming bank to pay against the presentation of the
proper documents such credit is called confirmed credit.
• Such an undertaking can neither be amended nor
cancelled without the agreement of the issuing bank.
With recourse or without recourse L/C
• With:- L/C if the buyer fails to pay the bank after
the specified period, the bank can have recourse
on the exporter. There is no such provisions in
without RC.
• Its in favor of the exporter to obtain a confirmed
irrevocable without RC credit because in this case
the Indian Bank added obligation to pay. If the
confirming i.e Indian Bank accepts the documents
as being complete and correct and any rejection
by opening bank will be a matter of discussion
between the two.
Acceptance of credit
• An acceptance credit stipulates that the
beneficiary must draw a BOE for
particular tenor e. g 60, 90, 120 days
sight and that the drafts will be
accepted by one of the parties i.e 1.
The applicant 2. the advising Bank, 3.
the negotiating bank. It unsecured and
depends on the capability of the parties
who can fund at the maturity of the bill.
Transferable L/C
Here the beneficiary is entitled to
request the paying, accepting,
negotiating, banks to pay, accept, and
negotiate bills tendered by one or more
parties. For partial transfer to second
beneficiary or more than one second
beneficiaries, it is essential that credit
must permit partial shipment.
Back to Back L/C
• When the exporter uses his L/C as a cover
for opening a credit in favor of the local
suppliers, the L/C is called back to back
credit. As the credits are intended to cover
some goods it should ne ensured that the
terms of identical except that price is lower
and validity earlier. This type of credit is
preferred over transferable credits to keep
the identity of ultimate buyer secret.
RED CLAUSE or Anticipatory L/C
---Provides advance payment or at least part
payment to the beneficiary against his
undertaking the effect the shipment and submits
the bill and /or documents in terms of credit
within the validity. The advance payment made
at the pre-shipment stage will be liquidated from
the proceeds of the bills negotiated.
GREEN CLAUSE is an extension of the red clause in
that it envisages the grant of storage facilities at
the port in the name of the bank in addition to
the pre-shipment payment to the beneficiary.
Revolving L/C
In a revolving LC, the amount of
drawing is reinstated and made
available to the beneficiary again
after a period of time on the advise
of payment by the applicant or
merely the fact that shipment has
been made.
Deferred L/C
HERE, the exporter supplies plant and
machineries, capital goods etc., ( where
the price is to be paid to him in
installments spread over a period ranging
usually from 1-7 years even more) to an
importer and no draft is drawn and
payment by the opening bank is
determined in accordance with the terms
laid down in the credit.
Transit L/C
It is issued in one of the
foreign country with the
beneficiary in another but
it is advised through and
usually confirmed by the
one BANK( The BOSS)
Credit available by Installments
These credits specify shipments and/or
drawings by installments stipulating
specific period for each installment of
shipment and or/ drawings. In case, any
installment of shipment is missed,
credit will not be available for that and
the subsequent installments except
when credit permits such lapse.
Restricted and unrestricted credits
Credits which do not specify any
particular bank who is authorized
to negotiate etc. are ‘ unrestricted ‘
or open or general credits. If a
specified bank is designated to pay
accept or negotiate, the credit is
termed as’ restricted’ or special.
Letter of Credit Checklist.
Are all required documents included?
Will the documents be presented within the expiration
date of the letter of credit?
Are the documents on their face consistent with each
other?
Has shipment been made prior to the last shipping date?
Are the documents “stale”? Typically, unless otherwise
specified, documents presented 21 days or more after the
date of transport are considered stale.
Are the required number of copies of each document
being submitted?
On documents where signatures are required, are the
appropriate signatures present?
Is the transport document consigned to the correct party?
Is the notify party on the transport document correct?
Is the merchandise description correct?
Are the number of units, the unit price and the total price all
consistent?
If an insurance document is required, is the type and amount of
coverage correct?
Was it in effect prior to shipment?
If partial shipment has been made, is it permitted under the terms
of the letter of credit?
If transhipment is necessary, does the letter of credit permit this?
Review the draft. Does it quote the bank’s letter of credit
reference? Is it drawn on the correct party? If necessary,
has it been properly signed and endorsed? Is the amount and
currency correct? Is the tenor as specified?
UCP 500 and UCP 600
UNIFORM
CUSTOMS AND
PRACTICE
•Any basic idea
about UCP
/ICC???
Article .1 Application of UCP
The Uniform Customs and Practice for
Documentary Credits, 2007 Revision, ICC
Publication no. 600 (“UCP”) are rules that apply
to any documentary credit (“credit”) (including,
to the extent to which they may be applicable,
any standby letter of credit) when the text of
the credit expressly indicates that it is subject to
these rules. They are binding on all parties
thereto unless expressly modified or excluded
by the credit.
Article 2 Definitions
Advising bank means the bank that advises the credit at
the request of the issuing bank.
Applicant means the party on whose request the credit
is issued.
Banking day means a day on which a bank is regularly
open at the place at which an act subject to these
rules is to be performed.
Beneficiary means the party in whose favour a credit is
issued.
Complying presentation means a presentation that is in
accordance with the terms and conditions of the
credit, the applicable provisions of these rules and
international standard banking practice.
Confirmation means a definite undertaking of the confirming bank,
in addition to that of the issuing bank, to honour or negotiate a
complying presentation.
Confirming bank means the bank that adds its confirmation to a
credit upon the issuing bank’s authorization or request.
Credit means any arrangement, however named or described, that
is irrevocable and thereby constitutes a definite undertaking of
the issuing bank to honour a complying presentation.
Honour means:
a. to pay at sight if the credit is available by sight payment.
b. to incur a deferred payment undertaking and pay at maturity if
the credit is available by deferred payment.
c. to accept a bill of exchange (“draft”) drawn by the beneficiary
and pay at maturity if the credit is available by acceptance.
• Issuing bank means the bank that issues a credit at the
request of an applicant or on its own behalf.
• Negotiation means the purchase by the nominated
bank of drafts (drawn on a bank other than the
nominated bank) and/or documents under a complying
presentation, by advancing or agreeing to advance
funds to the beneficiary on or before the banking day
on which reimbursement is due to the nominated bank.
• Nominated bank means the bank with which the credit
is available or any bank in the case of a credit available
with any bank.
• Presentation means either the delivery of documents
under a credit to the issuing bank or nominated bank or
the documents so delivered.
Article 3 Interpretations
Presenter means a beneficiary, bank or other party that makes a presentation.
Where applicable, words in the singular include the plural and in the
plural include the singular.
A credit is irrevocable even if there is no indication to that effect.
A document may be signed by handwriting, facsimile signature,
perforated signature, stamp, symbol or any other mechanical or
electronic method of authentication.
A requirement for a document to be legalized, visaed, certified or
similar will be satisfied by any signature, mark, stamp or label on the
document which appears to satisfy that requirement.
Branches of a bank in different countries are considered to be separate
banks.
Terms such as "first class", "well known", "qualified", "independent", "official",
"competent" or "local" used to describe the issuer of a document allow any issuer
except the beneficiary to issue that document.
Unless required to be used in a document, words such as
"prompt", "immediately" or "as soon as possible" will be
disregarded.
The expression "on or about" or similar will be interpreted
as a stipulation that an event is to occur during a period
of five calendar days before until five calendar days after
the specified date, both start and end dates included.
The words "to", "until", "till", “from” and “between” when
used to determine a period of shipment include the date
or dates mentioned, and the words “before” and "after"
exclude the date mentioned.
The words “from” and "after" when used to
determine a maturity date exclude the date
mentioned.
The terms "first half" and "second half" of a
month shall be construed respectively as the
1st to the 15th and the 16th to the last day of
the month, all dates inclusive.
The terms "beginning", "middle" and "end" of a
month shall be construed respectively as the
1st to the 10th, the 11th to the 20th and the
21st to the last day of the month, all dates
inclusive.
•X Next
Export Financing
Exporters naturally want to get paid as quickly as
possible, while importers usually prefer to
delay payment until they have received the
goods. Because of the intense competition for
export markets, being able to offer attractive
payment terms customary in the trade is often
necessary to make a sale. Exporters should be
aware of the many financing options open to
them so that they choose the most acceptable
one to both the buyer and the seller.
Export credit can be broadly classified into
• Exporter provides title to or pledges products to bank
• –Products that have yet to be produced
• –Products that have been produced (warehouse
receipt)
• Bank provides credit facility
• Payment
• –Trader takes delivery
• –Bank receives payment directly from buyer
• »Escrow account
• »Evidence account
Methods of Pre-Export Finance
• Open Account: –Exporter ships goods without any guarantee of
payment, thereby financing importer
–Risk of transaction dependent on relationship/importer integrity.
• Documentary letter of credit (see UCC Art. 5 and UCP 500): Letter
from bank, addressed to exporter, in which bank promises to pay or accept
drafts if exporter conforms 100% to conditions within the letter.
• Three parties:
• –Issuer: the issuing bank
• –Account party (importer)
• –Beneficiary (exporter)
• •Three agreements
• –Trade contract between importer and exporter
• –Documentary credit between bank and exporter
• –Reimbursement agreement between bank and importer
Documentary Letter of credit
Revocable/Irrevocable
• –A revocable letter of credit can be cancelled or amended by the issuing
bank; the bank does not need the exporter/beneficiary’s consent.
Confirmed/Unconfirmed
• –Issuing bank forwards letter of credit to exporter’s bank
• –Exporter’s bank promises to pay exporter (confirms l/c)
• –In an unconfirmed transaction, the advising bank acts as the issuing
bank’s agent and bears no obligation to exporter
Back-to-back
• –Typically used by brokers, the letter of credit allows the beneficiary to
assign its rights in one letter of credit to the issuer of a second letter of
credit
• –Both letters of credit must require identical documents
Transferable
• –The original beneficiary can transfer the letter of credit to third parties
Documentary Letter of credit
• Revolving
• –Typically used in construction contracts
• –Allows beneficiary to draw on the letter of credit, up to a certain
amount, usually without presentation of documents
• –The account party replenishes the account
“Red clause” letter of credit
• –Exporter can use to obtain pre-shipment finance by providing either (i)
a statement of purpose or (ii) an undertaking to provide specified
documents.
• –Issuing bank provides exporter with a percentage of the L/C amount
• –Advising bank guarantees reimbursement
“Green clause” letter of credit
• –Similar to “red clause” letters of credit, but pre-shipment finance is
contingent upon the production of warehouse receipts…
Letter of credit Settlement
Sight payment (sight draft)
• –Exporter presents documents and receives payment
Deferred payment (dated draft)
• –Exporter presents documents and receives payment at some
specified future time
Acceptance (time draft)
• –Exporter (i) presents documents and (ii) draws a usance draft
• –Bank accepts bill of exchange for payment on a future date
Negotiation
• –Exporter may choose a bank and negotiate the payment of a
sight or usance draft
• –Bank will either:
• »Advance payment with recourse to the exporter
• »Advance payment less a fee (discount)
• »Pay exporter when issuing bank provides payment
Post shipment Finance
• Provides credit facility from the date
shipment of the goods to the time
export payment is realized
( expenses between period of
shipment dispatch and payment
realisation…
Export Finance –Post-Export
Post-Export Finance (medium/long-term)
• –Post-Export finance typically covers:
• •Account receivables
• •Equipment
• •Other fixed assets
–Methods of Post-Export Finance
• •Revolving line of credit
• •Term loan
• •Finance accounts receivable
Methods of Post-Export Finance
Finance account receivables
–Typically used in two instances
• •Undercapitalized company with permanent financing
need
• •Temporary insufficient cashflow
–Banks provide loan secured by:
• •Assignment of receivables
• •Assignment of commodity inventory
–Loan
• •Made on a revolving basis against a pool of receivables
–Borrower
• •Responsible for collecting from customers
• •Responsible for 100% loan repayment despite inability to
collect from customers
Export Finance –Forms of Risk
Commercial risk
•The risk that either party will not fulfill its
obligations
Transportation risk
•The risk that goods become damaged or destroyed
during transport
Exchange risk
• •The risk that currency fluctuations will affect the
value of the transaction
Political risk
• •The risk that government policy changes, wars,
embargoes, etc., will prevent the conclusion or
affect the value of the transaction
Indian Case study ; RBI sources !
• PRE-SHIPMENT EXPORT CREDIT, Definition:
…any loan or advance granted or any other credit provided by a
bank to an exporter for financing the purchase, processing,
manufacturing or packing of goods prior to shipment / working
capital expenses towards rendering of services on the basis of
letter of credit opened in his favour or in favour of some other
person, by an overseas buyer or a confirmed and irrevocable
order for the export of goods / services from India or any other
evidence of an order for export from India having been placed on
the exporter or some other person, unless lodgement of export
orders or letter of credit with the bank has been waived.
Period of Advance
The period for which a packing credit advance may be
given by a bank will depend upon the circumstances
of the individual case, such as the time required for
procuring, manufacturing or processing (where
necessary) and shipping the relative goods /
rendering of services.
It is primarily for the banks to decide the period for which a
packing credit advance may be given, having regard to the
various relevant factors so that the period is sufficient to
enable the exporter to ship the goods / render the services
• If pre-shipment advances are not adjusted by
submission of export documents within 360
days from the date of advance, the advances
will cease to qualify for concessive rate of
interest to the exporter ab initio.