Writing a Letter of Credit

Letter of credit is a financial instrument that plays an important role in protecting both parties in a trade transaction. It ensures payment and delivery of goods by guaranteeing that the buyer will pay for the goods supplied by the seller within a specified time period. This assurance provides buyers and sellers with peace of mind, knowing that either party will fulfill their obligations and be protected from defaults.

The use of letter of credit offers more flexibility in international trade as well. It allows parties to negotiate terms such as payment terms, delivery terms, and other conditions which are all legally binding. This means that in the event of any dispute occurring between buyers and sellers, they may rely on the terms stated in the document. Moreover, it can also help manage risk related to non-payment amidst unfamiliar parties or across borders where trust may be hard to establish.

At Genie AI, we have developed ‘the world’s largest open source legal template library’ so that anyone can draft up high quality legal documents without needing to call on a lawyer; our millions of data points teach our AI what a market-standard letter of credit looks like giving you access to reliable protection when trading with others! Check out our step-by-step guidance below or take advantage of our community template library today - no Genie AI account required!

Definitions

Contents

  1. Definition of a Letter of Credit
  2. Definition of a Commercial Letter of Credit
  3. Definition of a Standby Letter of Credit
  4. Types of Letters of Credit
  5. Revocable Letter of Credit
  6. Irrevocable Letter of Credit
  7. Confirmed Letter of Credit
  8. Unconfirmed Letter of Credit
  9. Transferable Letter of Credit
  10. Back-to-Back Letter of Credit
  11. Why Letters of Credit are Used
  12. Parties Involved in a Letter of Credit
  13. Beneficiary
  14. Applicant
  15. Issuing Bank
  16. Advising Bank
  17. Confirming Bank
  18. Requirements for a Letter of Credit
  19. Credit Amount
  20. Expiration Date
  21. Payment Terms
  22. Documents Required
  23. How to Write a Letter of Credit
  24. Gather the Necessary Information
  25. Draft the Letter of Credit
  26. Review and Finalize the Letter of Credit
  27. Negotiation of a Letter of Credit
  28. Negotiate Terms
  29. Match Documents to Requirements
  30. What to Do if a Letter of Credit is Rejected
  31. Analyze Reasons for Rejection
  32. Resubmit Documents
  33. Risks Involved with a Letter of Credit
  34. Credit Risk
  35. Documentary Risk
  36. Compliance Risk
  37. Fraud Risk
  38. Alternatives to a Letter of Credit
  39. Bank Guarantee
  40. Cash in Advance
  41. Documentary Collection
  42. Open Account

Get started

Definition of a Letter of Credit

Definition of a Commercial Letter of Credit

Definition of a Standby Letter of Credit

Once you understand the purpose, risks, and terms of a standby letter of credit, you can check this off your list and move on to the next step.

Types of Letters of Credit

You will know that you have completed this step when you are able to clearly identify and describe each of the types of letters of credit.

Revocable Letter of Credit

Irrevocable Letter of Credit

  1. Obtain a letter of credit application from the bank and fill it out with the relevant information.
  2. Submit the letter of credit application to your bank for approval.
  3. Once the application is approved, the bank will provide you with an irrevocable letter of credit.
  4. Make sure that the letter of credit contains all the required information, including the payment amount, currency, date of payment, and other details.
  5. Confirm that all parties involved in the transaction have signed the letter of credit.
  6. You will know that this step is complete once you have a valid, approved irrevocable letter of credit.

Confirmed Letter of Credit

You will know when you can check this off your list and move on to the next step when the confirming bank has accepted and honoured the terms and conditions of the credit.

Unconfirmed Letter of Credit

Transferable Letter of Credit

Back-to-Back Letter of Credit

Why Letters of Credit are Used

When you can check this step off your list: When you have a thorough understanding of why letters of credit are used and the purpose and different types of letters of credit, as well as the risks associated with them.

Parties Involved in a Letter of Credit

Beneficiary

Applicant

Issuing Bank

Advising Bank

Confirming Bank

Requirements for a Letter of Credit

Once you have determined all the requirements and have established the terms and conditions of the transaction, you can move on to the next step of the guide.

Credit Amount

Expiration Date

Payment Terms

Documents Required

How to Write a Letter of Credit

Gather the Necessary Information

Draft the Letter of Credit

When you can check this off your list and move on to the next step:

Review and Finalize the Letter of Credit

Negotiation of a Letter of Credit

Negotiate Terms

Match Documents to Requirements

What to Do if a Letter of Credit is Rejected

Analyze Reasons for Rejection

Resubmit Documents

Risks Involved with a Letter of Credit

You can check off this step when you have a good understanding of the different types of letters of credit, the parties involved, the different rules and regulations, and any risks that can be associated with them.

Credit Risk

Documentary Risk

Compliance Risk

Once all the requirements are met, you can move on to the next step: Fraud Risk.

Fraud Risk

When you have completed the above steps, you can move on to the next step in the guide.

Alternatives to a Letter of Credit

Bank Guarantee

Cash in Advance

Documentary Collection

Open Account

FAQ

Q: How do I know if a letter of credit is right for my situation?

Asked by Sarah on April 21st 2022.
A: Before deciding if a letter of credit is right for your situation, it’s important to consider the purpose of the transaction, the parties involved, and the governing laws. Consider if the parties are able to trust each other to complete their obligations, and if the goods or services being exchanged are clearly defined. If these conditions can’t be met, then a letter of credit may be an appropriate option for ensuring that all parties meet their obligations.

Q: Is there a difference between a domestic and international letter of credit?

Asked by John on August 5th 2022.
A: Yes, there is a difference between domestic and international letters of credit. Domestic letters of credit are used within one country’s legal system whereas international letters of credit are used in transactions that involve more than one country’s legal system. International letters of credit must comply with the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the International Chamber of Commerce (ICC).

Q: What documents are typically required when applying for a letter of credit?

Asked by Emma on January 3rd 2022.
A: The documents required when applying for a letter of credit will depend on the type of transaction and the governing laws. Generally, however, a letter of credit will require documentation such as an invoice, bill of lading, shipping documents, and commercial documents such as certificates of origin or quality control certificates. Additionally, depending on the type of transaction, documents such as bank statements, proof of payment and insurance policies may also be required.

Q: What are the main differences between UK, USA and EU jurisdictions when it comes to writing a letter of credit?

Asked by David on July 1st 2022.
A: The main differences between UK, USA and EU jurisdictions when it comes to writing a letter of credit include the applicable laws and regulations that must be adhered to in each jurisdiction. In the UK, letters of credit must comply with the Uniform Customs and Practice for Documentary Credits (UCP 600) published by the International Chamber of Commerce (ICC). In the US, letters of credit must comply with both UCP 600 as well as additional US laws such as UCC Article 5 and UCC Article 8. In the EU, letters of credit must comply with both UCP 600 as well as additional EU laws such as Regulation (EU) No 575/2013 on Prudential Requirements for Credit Institutions and Investment Firms (CRR) and Directive 2014/65/EU on Markets in Financial Instruments (MiFID II).

Q: Are there any industry specific considerations when writing a letter of credit?

Asked by Jessica on October 30th 2022.
A: Yes, there can be industry specific considerations when writing a letter of credit depending on the sector or business model involved in the transaction. For example, if you are dealing with Software-as-a-Service (SaaS) providers then you may need to consider additional documentation related to hosting agreements or software licenses. Additionally, for technology companies you may need to consider additional documentation related to intellectual property rights or patents. It is important to be aware of any industry specific considerations prior to writing a letter of credit so that all relevant parties can meet their obligations under the terms of the agreement.

Q: What is an irrevocable letter of credit?

Asked by Michael on March 12th 2022.
A: An irrevocable letter of credit is a form of payment guarantee that cannot be changed or cancelled without prior agreement from all parties involved in the transaction. This type of letter is commonly used in international trade transactions where one party needs assurance that they will receive payment upon delivery or completion of services specified in an agreement. An irrevocable letter is binding on all parties involved in the transaction and provides greater protection from potential losses due to non-payment or breach of contract than other forms of payment guarantees such as promissory notes or bills of exchange.

Q: What information should I include in my negotiation with banks regarding my letter?

Asked by Jacob on December 15th 2022.
A: When negotiating with banks about your letter of credit it is important to provide them with clear and detailed information about your transaction including any specific requirements or restrictions you may have in place regarding payment terms or delivery conditions. Additionally, you should also provide them with details about any applicable laws or regulations that must be adhered to during the transaction such as UCP 600 or US laws such as UCC Article 5 and UCC Article 8 depending on where your transaction falls under jurisdictionally speaking. Finally, you should also inform them about any insurance policies you have in place that relate to your transaction so that they can properly assess their risk exposure before agreeing to provide you with a letter.

Q: What does ‘confirmation’ mean in relation to letters of credit?

Asked by Matthew on June 28th 2022.
A: Confirmation is an additional guarantee provided by a third party bank in relation to a letter of credit issued by another bank. This means that if there is ever an issue with payment due under an issued letter then both banks will be liable for covering any losses incurred due to non-payment or breach of contract rather than just one bank being liable solely for covering those losses. The confirmation process can be expensive however so it may not always make sense financially depending on the size and complexity of your transaction.

Q: Can I use electronic payments instead?

Asked by Ashley on November 11th 2022.
A: Yes, electronic payments can sometimes be used instead of letters credits depending on your particular circumstances and needs. Electronic payments offer several advantages over traditional methods such as faster processing times, lower costs associated with international transfers and increased security due to enhanced encryption protocols used when making payments electronically compared with traditional paper-based methods such as cheques or money orders which have been traditionally used for international payments in past decades but have become increasingly less popular due to their lack convenience and security compared with modern electronic payment solutions…

Q: How do I know if I will actually need a letter at all?

Asked by Justin on February 22nd 2022.
A: Determining whether you actually need a letter depends largely upon your particular circumstances and needs but generally speaking it may make sense to use one if there is any risk associated with non-payment or breach in contract between yourself and another party involved in your transaction such as an international supplier or customer across borders where trust may not exist between parties due to cultural differences or language barriers etc… A properly drafted and executed letter can provide assurance that all parties will meet their obligations under the terms agreed upon thus reducing any potential losses due to non-payment or breach in contract which could otherwise occur without one being put into place prior to engaging in any sort exchange goods services etc…

Example dispute

Lawsuit Involving Letter of Credit

Templates available (free to use)

Helpful? Want to know more? Message me on Linkedin