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BANK GUARANTEE vs LETTER OF CREDIT, LC VS LG

Difference between Bank Guarantee vs Letter of Credit, 

LC vs LG

 








Difference between Bank Guarantee vs Letter of Credit is LC and LG are both promises (agree) from a financial institution that a borrower will be able to repay an obligation to another party, and no matter what the debtor's financial circumstances.

Both LG and LC assure the third party that if the borrowing party can't repay what it owes, the financial institution (usually a well-recognized Bank) will step in on behalf of the borrower.

By providing financial backing for the borrowing party (often at the request of the other one), these promises serve to reduce risk factors, encouraging the transaction to proceed. But the work in slightly different ways and in different situations.

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Difference between Bank Guarantee AND Letter of Credit

·       LCs came in to play for  international trade due to the distance involved, the potentially differing laws in the countries of the businesses involved, and the difficulty of the parties meeting in person.

·       LC are primarily used in global transactions,

·       LG are often used in real estate contracts, infrastructure projects, constructions, project managements and etc.

   Difference between Bank Guarantee vs Letter of Credit:

 

Bank Guarantee

Letter of Credit

1

Bank Guarantee is an instrument given by the issuing bank to the beneficiary, confirming payment in the event of delay or any fault.

The Letter of Credit is a payment assurance given by the issuing bank, subject to acceptance of LC documents.

 

 

 

 

2

Bank Guarantee, a bank takes responsibility for payment when the client fails to fulfill the commitment or obligation under guarantee terms

Letter of credit, Primary Liability lies with the bank to collect payment from the applicant and remit the funds to Beneficiary according to the payment’s terms.

 

 

 

3

The number of parties involved in Bank Guarantees is restricted to the applicant (Issuing Bank), beneficiary and banker

In LC primarily there are 3 parties involve for the LC. And can be more than three, i.e applicant, Applicant bank, beneficiary, beneficiary bank, negotiating bank and confirming bank, intermediary Bank.

 

 

 

 

4

Bank Guarantee is primarily used for domestic transactions and however, there are Bank Guarantees for international trade as well.

Primarily, the letter of credit is used for import/export transactions. However, this is also used for domestic/ local delivery as well, etc. DDP, DAP, Ex work Incoterms

 

 

 

 

5

Payment is made in Bank Guarantee by default of certain terms and conditions.

 

Payment is honored under successful acceptance LC documents.

 

 

 

6

Payment is confirmed in case of payment Guarantees.

Payment can be Confirmed only in Confirmed LC Only.


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     Specimen Format-  LETTER OF CREDIT vs  BANK GUARANTEE

                                                    

----------------------------------------------------------------------------------------------------------------

MESSAGE CONTENT         :

  {1:F01BOMLAEADAXXX4887345379}{2:O7002036210715OCBCSGSGAXXX74839102172107151636N}{3:{108:001}}{4:

:27:1/1

:40A:IRREVOCABLE

:20:XXXXX

:31C:210715

:40E:UCP LATEST VERSION

:31D:XXXX COUNTRY NAME

:50:APPLICANT NAME

APPLICANTS ADDRESS

:59: BENEFICIARY NAME

BENEFICIARY ADDRESS

:32B:XXXXXXXXXXX

:41D:ANY BANK

AT SIGHT

BY NEGOTIATION

:43P:ALLOWED

:43T:NOT ALLOWED

:44E:ANY UAE PORT

:44F:SINGAPORE

:44C:210914

:45A:GENUINE SPARE PARTS

.

CFR SINGAPORE (INCOTERMS 2010)

:46A:1. SIGNED COMMERCIAL INVOICE IN TRIPLICATE.

2. FULL SET OF 3/3 CLEAN 'ON BOARD' OCEAN BILLS OF LADING WITH 2

NON-NEGOTIABLE COPIES MADE OUT TO THE ORDER OF BANK NAME(XXX) 'FREIGHT PREPAID' AND NOTIFY

THE APPLICANT.

3. COPY OF SHIPPER'S ADVICE TO XXX INSURANCE (SINGAPORE) PTE

LTD, 4 SHENTON WAY, HEX21-01 SGX CENTRE 2, SINGAPORE 068807,

FAX NUMBER XXX DECLARING PARTICULARS OF SHIPMENT AND

QUOTING OPEN POLICY NO : XXXX

:47A:1. ALL BANK CHARGES ARE FOR ACCOUNT OF BENEFICIARY EXCEPT

LC ISSUING BANK CHARGES

2. A DISCREPANCY HANDLING FEE OF USD75.00 OR EQUIVALENT FOR

EACH SET OF INVOICES / SHIPPING DOCUMENTS CONTAINED WITHIN

A PRESENTATION WILL BE DEDUCTED FROM PROCEEDS IF RESPECTIVE

DOCUMENTS ARE TO CONTAIN DISCREPANCIES.

3. DOCUMENTS TO BE PRESENTED WITHIN 21 DAYS AFTER THE DATE

OF SHIPMENT BUT WITHIN THE VALIDITY OF THE CREDIT.

4. ALL DOCUMENTS MUST BE PRESENTED TO US THROUGH BENEFICIARY'S

BANKER.

5. UNLESS OTHERWISE STATED, ALL DOCUMENTS REQUIRED TO BE

PRESENTED SHALL BE IN ENGLISH.

6. ACCEPTANCE OF ANY DISCREPANCIES IN ANY DOCUMENTS PRESENTED

SHALL NOT IMPLY OR CONSTITUTE ANY AMENDMENT OF THE TERMS OF THIS

LETTER OF CREDIT NOR OBLIGE US TO ACCEPT THE SAME FOR ANY

FUTURE DRAWINGS.

7. PLEASE BE INFORMED THAT SATURDAY IS TO BE CONSIDERED A

NON-BANKING BUSINESS DAY FOR OUR TRADE FINANCE PROCESSING/

OPERATIONS UNIT ALTHOUGH OUR BANK MAY OTHERWISE BE OPEN FOR

BUSINESS.

8. ONE EXTRA PHOTOCOPY OF SHIPPING DOCUMENTS ARE REQUIRED FOR

ISSUING BANK'S FILE AND WILL NOT BE RETURNED EVEN DOCUMENTS ARE

FINALLY REFUSED. IF THESE DOCUMENTS ARE NOT PRESENTED, A

PHOTOCOPY HANDLING FEE OF USD10.00 (OR EQUIVALENT) PER SET WILL

BE DEDUCTED FROM THE PROCEEDS.

9. ALL PARTIES TO THIS DOCUMENTARY CREDIT ARE ADVISED THAT THERE

ARE SPECIFIC SANCTIONS AND REGULATIONS IMPOSED BY THE U.S. AND

OTHER GOVERNMENT AND/OR REGULATORY AUTHORITIES AGAINST CERTAIN

COUNTRIES, ENTITIES AND INDIVIDUALS. UNDER THESE MEASURES,BANK GUARANTEE VS LETTER OF CREDIT.

THE BANK MAY BE UNABLE TO PROCESS OR ENGAGE IN TRANSACTIONS

THAT INVOLVES A BREACH OF SUCH SANCTIONS, AND AUTHORITIES MAY

REQUIRE DISCLOSURE OF INFORMATION. THE BANK IS NOT LIABLE FOR

REJECTING ANY PRESENTATION OF DOCUMENTS THAT MAY CAUSE A

BREACH OF THOSE SANCTIONS, OR DISCLOSES INFORMATION AS A

RESULT OF ACTUAL OR APPARENT BREACH OF SUCH SANCTIONS. THIS

CLAUSE APPLIES NOTWITHSTANDING ANY INCONSISTENCY WITH THE

CURRENT EDITION OF THE INTERNATIONAL CHAMBER OF COMMERCE

UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS.

10. THE AMOUNT OF ALL UTILIZATIONS UNDER THIS CREDIT MUST BE

ENDORSED ON THE BACK OF THE ORIGINAL CREDIT BY THE PRESENTING /

PAYING / ACCEPTING / NEGOTIATING BANK AND THE PRESENTING /

PAYING / ACCEPTING / NEGOTIATING BANK MUST CERTIFY TO THIS

EFFECT IN THEIR COVERING LETTER.

11. BENEFICIARY'S CONTACT PERSON : ABC XXXX

12. SECOND ADVISING BANK'S FULL ADDRESS:

XXXXX

:49:WITHOUT

:78:1. ALL DOCUMENTS MUST BE SENT BY COURIER SERVICE IN 1 LOT TO OUR

ADDRESS AT 31 TAMPINES AVENUE 4, 2ND FLOOR SINGAPORE 529680

AND MARKED TO THE ATTENTION OF IMPORT BILLS, TRADE FINANCE

OPERATIONS.

2. WE SHALL REMIT BY TT TO YOU UPON OUR RECEIPT OF DOCUMENTS AND

CONFIRMATION THAT THE TERMS OF THE CREDIT HAVE BEEN COMPLIED

WITH.

:57D:BANKXXXX

(FULL ADDRESS REFER FIELD 47A)

-}{5:{MAC:00000000}{CHK:CDAD46B1BE11}}{S:{SAC:}{COP:S}}

+   WE ARE ENCLOSING HEREWITH ORIGINAL LETTER OF CREDIT.KINDLY PRESENT         

    THIS CREDIT WITH THE DOCUMENTS WHEN SUBMITTING FOR NEGOTIATION.            

                                                                               

+   THIS LC IS ONLY ADVICE TO OUR CORRESPONDENT'S LETTER OF CREDIT  AND        

    CONVEYS NO ENGAGEMENT OR RESPONSIBILITY ON OUR PART TO NEGOTIATE           

    THE DOCUMENTS.                                                             

                                                                               

+   WHILE SUBMITTING THE DOCUMENTS, PLEASE PRESENT ONE COPY/PHOTOCOPY OF       

    EACH DOCUMENTS FOR OUR FILE. IN CASE COPIES ARE NOT ATTACHED WE WILL       

    BE CHARGING THE AMOUNT OF USD 10.00 OR EQUIVALENT THEREOFF.                

                                                                                

+   PLEASE EXAMINE THIS INSTRUMENT CAREFULLY.  IF YOU ARE UNABLE TO COMPLY     

    WITH THE TERMS OR CONDITIONS, PLEASE COMMUNICATE WITH YOUR BUYER TO        

    ARRANGE FOR AN AMENDMENT. THIS PROCEDURE WILL FACILITATE PROMPT            

    HANDLING WHEN  DOCUMENTS ARE PRESENTED.                                    

                                                                               

+   ALL PARTIES TO THIS DOCUMENTARY CREDIT ARE ADVISED THAT SPECIFIC           

    SANCTIONS/EMBARGOS ARE IMPOSED BY REGULATORY AUTHORITIES / AGENCIES        

    (INCLUDING THE USA, UK, EU, UN) AGAINST CERTAIN COUNTRIES, ENTITIES,       

    INDIVIDUALS, VESSELS,GOODS UNDER THESE MEASURES, BANK MAY NOT BE ABLE   

    TO ENGAGE IN THE TRANSACTION (ACCEPT OR NEGOTIATE ANY DOCUMENTS OR SETTLE  

    ANY TRANSACTIONS) THAT IN ITS OPINION WOULD BREACH APPLICABLE SANCTIONS BANK GUARANTEE VS LETTER OF CREDIT.    

                                                                               

+   THIS ADVICE IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY

    CREDITS(2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO 600.

(THIS IS COMPUTER GENERATED ADVICE. NO SIGNATURE REQUIRED)

 

 

     Specimen Format-  BANK GUARANTEE

   

ABC COMPANYX

XXXX

Date [ ]

Dear Sirs,

Tender Bond No. [ ] (the “Bond”)

WHEREAS our clients, [ ] (“the Bidder”) are tendering for [description of project] and as further described in the RFP documents.

And whereas the RFP documents provide that the Form of Tender shall be accompanied by a Tender Bond.

In consideration of the above, we [name of bank], hereby irrevocably and unconditionally undertake that, forthwith upon our receiving written notice from you stating that in your sole and absolute judgment the Bidder has failed to observe or perform any of the terms or conditions of the Form of Tender and the RFP documents (or, if its Tender has been accepted and the Form of Agreement referred to therein has been signed, of the Agreement on its part to be observed or performed) we will, notwithstanding any objection which may be made by the Bidder, pay to you an amount as you may in such notice require not exceeding (when aggregated with any such amount(s) previously so paid) the amount of this Bond, namely COUNTRY - CURRENCY <insert amount>

 

This Bond shall be valid from the date hereof and shall continue to be so valid with respect to any such written notice to us as is received by us not later than [insert] or, if it be earlier and the Bidder’s Tender has been accepted, the date of delivery to you of the Performance Bond (as defined in the Conditions of Contract). This Bond shall not be valid with respect to any written notice received by us after such date (or earlier date) and shall thereafter be null and void. When the validity of this Bond has expired it must be returned to us for cancellation but we shall be released from any obligation hereunder even if such return has not taken place.

Any payment by us hereunder shall be in immediately available and freely transferable CURRENCY free and clear of and without any deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholding of any nature whatsoever and by whomsoever imposed.

Our obligations hereunder are of a continuing nature, constitute direct primary irrevocable and unconditional obligations, shall not require any previous notice to or claim against the Bidder or any other person, and shall not be discharged or otherwise prejudiced or adversely affected by any time, indulgence or forbearance which you may grant to the Bidder, any Bank Guarantee vs Letter of credit unenforceability or invalidity of, or any amendment, modification or extension which may be made to, the Form of Tender or the RFP documents or the Agreement or the work to be performed thereunder, any intermediate payment or other satisfaction made by us, any change in the constitution or organization of the Bidder, or any other matter or thing which in the absence of this provision would or might have that effect except a discharge or amendment hereof expressly made or agreed to by you in writing.

This Bond shall be governed and construed in accordance with the laws of the Emirate of Abu Dhabi and the federal laws of the COUNTRY to the extent applicable in the country

Yours faithfully,

(Authorized Signatory of the Bank)

 

 

 

 

 


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