The documents listed are often bills of lading or other “intangible deeds” that have previously specified “A” and “B” in their original contract. [20] Due to Covid-19, the deadline for the submission of documents cannot be met within 15 days (presentation period), as the schedule of courier services has changed due to the Covid-19 situation and therefore there are no direct cargo flights and therefore delays in the presentation. Some countries have created laws regarding letters of credit. For example, most jurisdictions in the United States have adopted Article 5 of the Uniform Commercial Code (UCC). These laws are designed to work with market rules of practice, including UCP and ISP98. These rules of conduct will be incorporated into the transaction by agreement of the parties. The latest version of the UCP is UCP600 with effect from 1 July 2007. Since PCUs are not laws, the parties must include them as normal contractual provisions in their agreements. However, they remain an essential element of market practice and constitute a decisive foundation of financial law. A letter of credit is essentially a financial contract between a bank, a bank`s customer and a beneficiary. The letter of credit, which is usually issued by an importer`s bank, guarantees that an exporter will be paid as soon as the conditions of the letter of credit are met. So you delivered 6 months ago, your buyer still hasn`t paid you and now they have no more money? If this is the case, a documentary LC will not help you, and I would be surprised if the buyer`s bank agreed to issue its LC to a customer who cannot pay for it or provide adequate security. You have to talk to a lawyer who is familiar with international trade, but from what you said, I think you`re just going to throw your money into a bottomless pit, only lawyers will win.

A letter of guarantee acts as a guarantee that corresponds to a certain percentage of the value of the order. When you complete your contract, the letter of guarantee expires and the bank returns your guarantee. However, if you do not fulfill your contract, your bank will immediately pay the specified amount to your customer. In addition, it does not allow any dispute with the buyer regarding the execution of the purchase contract, which are used as a reason for non-payment or reduction or postponement of payment. Hi Mark, what are your conditions of sale with the seller..?? Have you ever done business with him..?? Consecutive letters of credit are typically used when a seller needs to purchase a component or outsource part of the manufacturing of a product to a third party, but does not have the cash flow to do so. Thank you sir, very clear information about the letter of credit, but in the event that the buyer does not pay money to the issuing bank, what will happen, how the money will be recovered from the buyer, since the bank has documents (B / L), the bank now owns the property, can take possession of it or how it will continue to operate. The basic principle of all letters of credit is that letters of credit have to do with documents and not with goods. The payment obligation is independent of the underlying purchase contract or any other contract in the transaction. The bank`s obligation is defined only by the terms of the LC, and the purchase contract is not taken into account.

For example, if Party “A” enters into an agreement to purchase part “B” goods, party “A” will work with its bank to create a letter of credit. [10] If certain documents are provided to this bank by “B”, the bank is required to pay, whether the contract between “A” and “B” is set off or there are contractual problems. The shares available to the buyer under the purchase contract do not affect the bank and in no way affect its liability. [21] Article 4(a) of UCP600 clearly defines this principle. This is confirmed in the procurement practice documents referred to in Article 5 of UCP600. Like a fundamental principle of financial law, market practice encompasses a substantial part of the conduct of the parties. Therefore, if the documents submitted by the beneficiary or his representative are in order, the bank is usually required to pay without further reservations. [10] The legal authors failed to satisfactorily reconcile the obligation to pay on behalf of the applicant with a contractual academic analysis. That is to say, they did not examine the legal effect of the banks` obligation from a conclusive theoretical perspective.

This has produced several conflicting theories about the contractual effect of a letter of credit. Some theorists suggest that the obligation to pay is created by implicit promise, assignment, novation, trust, agency, confiscation, and even trust and guarantees. [24] Although documentary letters of credit are enforceable once they have been notified to the beneficiary, it is difficult to prove to the banker a counterparty to the beneficiary before the alert on the documents. In the case of such transactions, the obligation of the beneficiary to deliver the goods to the applicant does not constitute sufficient consideration for the bank`s promise, since the contract of sale is concluded before the credit is issued and the consideration is therefore paid in these circumstances. However, the performance of an existing obligation under a contract may constitute a valid consideration for a new commitment of the bank, provided that there is a practical advantage for the bank[25]. A performance commitment due to a third party may also constitute a valid consideration. [26] Financial institutions do not act as “intermediaries”, but as paying agents on behalf of the buyer […].