Need for Documentary Letter of Credit LC
Normally, inwards international trade, the exporter may non move railroad train to bring the gamble of selling his abroad unless he is sure enough of getting his payment. Likewise, the buyer may non purchase goods inwards international marketplace from an unknown political party due to gamble of non coming together his requirements. Both these risks are tranquility high, which may old effect into major fiscal loss. This perception is non congenial to evolution of international trade.
The seller, therefore, needs an assurance of payment on behalf of the buyer; similarly, a buyer would desire someone to ensure due functioning yesteryear the seller equally per the contract.
Both the parties tin experience satisfied, if a professional person intermediator similar banking concern lends his back upwards yesteryear issuing Documentary Credit on behalf of the buyer (importer) inwards favour of the seller (exporter).
What is a Documentary Credit ? Meaning, Definition
A Documentary Credit is an instrument, which tin move used for settling the merchandise payments. It may move defined equally follows
"Credit agency whatsoever arrangement, however, named or described, that is irrevocable in addition to thereby constitutes a definite project of the issuing banking concern to honour* a complying presentation."
Honour agency :-
- To pay at sight if the credit is availableby Sight payment.
- To incur a deferred payment project in addition to pay at maturity if the credit is available yesteryear deferred payment.
- To bring a pecker of telephone commutation ('draft') drawn yesteryear the beneficiary in addition to pay at maturity if the credit is available yesteryear acceptance.
In mutual parlance, documentary credit is similar a banking concern guarantee except that the banking concern guarantee covers a province of affairs of non-performance of the contract (payment is made when a client does non perform equally per the contract). Influenza A virus subtype H5N1 documentary credit covers a province of affairs where payment is made on functioning of contract.
From the higher upwards definition, nosotros tin derive v of import features of documentary credits, viz. :-
- It is an irrevocable project inwards writing,
- Given yesteryear a Bank called the Opening Bank,
- On behalf of its client who is the importer or buyer,
- to accolade bills drawn yesteryear a tertiary political party who may move the beneficiary or the transferee nether the credit,
- subject to compliance alongside damage in addition to weather condition of the credit.
Parties To The Letter of Credit (LC)
- Opener (Importer/Buyer) : The political party on whose asking the credit is issued.
- Issuing Bank : The banking concern that issues a credit at the asking of an applicant or on its ain behalf.
- Advising Bank : Influenza A virus subtype H5N1 banking concern that advises the credit at the asking of the issuing bank.
- Beneficiary (seller/ exporter) : The political party inwards whose favour the credit is issued.
- Nominated Bank : The banking concern alongside which the credit is available or whatsoever banking concern inwards the representative of a credit available alongside whatsoever bank.
- Confirming Bank : The banking concern which guarantees honouring of bills yesteryear the Opening Bank nether the credit i.e. if the Opening Bank fails for whatsoever argue to accolade the Confirming Bank honours, wherever available.
- Reimbursing Bank : The banking concern which pays claims made yesteryear the nominated banking concern later on negotiating bills drawn yesteryear the exporter nether the credit.
Types of Letter of Credit (LC)
- Irrevocable Letter of Credit : It carries a definite project ;of the issuing banking concern to accolade the documents drawn strictly inwards conformity alongside the damage in addition to weather condition of the credit. It cannot move amended nor cancelled without the consent of all parties concerned. Any Credit issued volition move an irrevocable credit.
- Revocable Letter of Credit : This credit tin move amended / modified / cancelled whatsoever fourth dimension yesteryear the opening banking concern without the consent of the beneficiary. Hence, this credit is non a security credit from the betoken of thought of the beneficiary. However, inwards practice, this type of credit is seldom issued. Even though the credit tin move cancelled whatsoever time, but the opening banking concern would move liable to the beneficiary for the shipments made yesteryear him prior to receipt of observe yesteryear him nigh the cancellation of credit yesteryear the issuing bank.
- Confirmed Letter of Credit :
- means the banking concern that adds its confirmation* to a credit upon the issuing bank's potency or request.
- * Confirmation agency a definite project of the confirming bank, inwards improver to that of the issuing bank, to accolade or negotiate a complying presentation.
- Anticipatory Letter of Credit :
- Red Clause Letter of Credit : In this credit, the issuing banking concern authorizes nominated bank, which is inwards beneficiary's country, to give pre-shipment credit to the beneficiary. This advance is given to the beneficiary for purchase of rawmaterial / processing / packing of the goods to move exported. It is given at the gamble in addition to responsibleness of the issuing banking concern in addition to is unsecured. The pre-shipment advance given inwards this way would move adjusted against the documents tendered yesteryear the exporter for negotiation. This type of L/C is known equally 'Red Clause Letter of Credit'.
- Green Clause Letter of Credit : This credit is an extended version of carmine clause credit. In improver to whatever has been given inwards carmine clause credit, it covers charges for warehousing of goods at the port of shipment, when waiting for send or infinite in addition to insurance therefor. Generally, the advance nether this credit is given to the exporter later on the goods are lodged inwards bonded warehouse in addition to would move adjusted 1 time they are shipped on board. Under this credit, warehouse warrants are given equally a security for the advance.
- Transferable Letter of Credit :
- means a credit that specifically states it is "transferable". Influenza A virus subtype H5N1 transferable credit may move made available inwards whole or inwards business office to about other beneficiary ("second beneficiary") at the asking of the beneficiary ("first beneficiary").
- Transferring banking concern agency a nominated banking concern that transfers the credit or, inwards a credit available alongside whatsoever bank, a banking concern that is specifically authorised yesteryear the issuing banking concern to transfer in addition to that transfers the credit.
- A credit may move transferred inwards business office to to a greater extent than than 1 instant beneficiary provided partial shipments are allowed.
- Back-to-back Letter of Credit : The beneficiary of the export credit, who is non the manufacturer of the goods, may approach a banking concern to opened upwards a missive of the alphabet of credit inwards favour of the manufacturer who is railroad train to render the goods. Such a missive of the alphabet of credit is opened on the forcefulness of the export missive of the alphabet of credit in addition to hence called back-to-back missive of the alphabet of credit. Such a documentary credit should move opened on behalf of the skilful exporters in addition to suppliers.
- Revolving Letter of Credit :
- When a buyer wants a regular render of goods from the unusual / domestic supplier, he may approach his banker to opened upwards a revolving missive of the alphabet of credit inwards supplier's favour.
- When the shipment is made in addition to the documents are drawn on the opener equally per the damage of credit, the documents are negotiated in addition to forwarded to the drawee for payment.
- When the payment is made, the credit is reinstated in addition to made available to the beneficiary on receipt of the advice from the issuing bank.
- Further negotiations volition bring house later on the advice of reinstatement is received.
- Revolving missive of the alphabet of credit should stipulate maximum drawings nether the credit in addition to should get got reinstatement clause.
- Stand-by or Backup Letter of Credit : The really get upwards of this credit suggests that it is non a regular missive of the alphabet of credit, but a form of stand-by or back-up credit. These types of credits tin move issued inwards India, but are really much inwards trend inwards Western Countries, specially inwards U.S.A inwards house of guarantee. These credits are mostly used equally substitutes for functioning guarantee or for securing loans. As per FEMA, directly they tin move issued inwards Bharat for imports of sure enough category equally per FEDAI guidelines. Our exporters tin freely have standby missive of the alphabet of credit to encompass their exports of goods.
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