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In General
- A letter of credit, often abbreviated as an
LOC or LC, and
also referred to as a documentary credit, is a document issued by a
financial institution (the "issuing bank") which essentially acts as an
irrevocable guarantee of payment to a beneficiary
- Once the beneficiary has presented to the issuing
or negotiating bank documents complying with the LC terms, the issuing bank is
obliged to pay irrespective of any instructions of the applicant to the contrary
- the issuing banks obligation to honor a letter
of credit depends upon the presentation of specified documents and not upon
non-documentary conditions or resolution of questions of fact or law at issue
between the account party and the beneficiary
- Letters of credit are used nowadays almost
exclusively in international trade transactions of significant value, for deals
between a supplier in one country and a wholesale customer in another
- Parties to a letter of credit are usually
- A beneficiary who is to receive the money,
- The issuing bank of whom the applicant is a
client
- The advising bank of whom the beneficiary is a
client
- Since almost all letters of credit are
irrevocable
(i.e. cannot be amended or cancelled without prior agreement of the
beneficiary, the issuing bank and the confirming bank, if any)
- The applicant is not a party to the letter of
credit
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Federal
Regulations
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In
general, letters of credit are considered by the agencies to be the functional
equivalent of loans and are subject to the same types of prudential regulations
regarding capital, parties, etc. as any other type of loan
OCC
- National banks may issue and commit to issue
letters of credit and other independent undertakings within the scope of the
applicable laws or rules of practice recognized by law
- A national bank may also confirm or otherwise
undertake to honor or purchase specified documents upon their presentation under
another persons independent undertaking within the scope of such laws or rules
FRB SEC_CODE_REF_0090001192884
FDIC
OTS
NCUA
- Credit unions do not issue letters of credit
FCA
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Uniform commercial code provisions regarding letters of credit
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