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Friday 12 September 2014

Making Maximum Use Of The Standby Letter Of Credit

By Kerri Stout


Guarantees are the safest way to ensure that you do not loose when contractual agreements are breached. A standby letter of credit provides the safety net you require to avoid losses and ensure that you recover your money in case a contract is not honored. Goodwill is not always the best way to approach business.

The industries that commonly use this as collateral include shipment, service delivery and construction. It is issued from a bank or financing institution to confirm that you will still get your payments if the contractor, supplier or service provider fails to honor his obligation. For international transactions, the letter is best issued by a financial institution that is accredited to operate in both jurisdictions.

The financial institution of bank that provides the guarantee knows the client and his credit worth. This makes it easy to recover money through attaching assets or his accounts in case payments need to be made. It is an effective way to ensure that your client does not default.

A perfect example is a contractor working in Dubai. The project is supposed to be completed within a set time frame. The letter of credit is issued as a guarantee that the deadline will be met. When this does not happen, the client collects money from the guarantor as compensation for lost time and revenue. This money is used to cover for the cost of hiring another contractor or loss of business.

The letters are cushions against breached trust. There are reasons why the contractor may fail to pay in case the transaction or project does not go as planned. He is likely to be waiting for his customers to pay him and is therefore facing a financial crunch. You are assured that you have a buffer for your finances and projects.

Your contractor or supplier is likely to have gone out of business. This makes it difficult to attach his assets and force him to refund or reimburse your money. Banks have the legal mandate to attach properties of their creditors. As a client, this could be a lengthy process or you do not have the mandate. It is easier for banks to recover monies in case of default.

The political environment may cause the freezing of assets owned by your supplier or contractor. When you disagree beyond reconciliation, execution of such a contract becomes difficult. Some contractors are plainly deceitful and dishonest to the point of dishonoring contracts. These circumstances require cushioning to cover for any losses that may arise.

The bank requires its client to fulfill certain conditions before granting the letter. As the claimant, you must produce evidence that the contract was bleached and you therefore deserve the compensation. It is however worth noting that such steps are taken in rare and extreme cases.

Most of the cases that require a standby letter involved domestic trade. International transactions use commercial letters. The bank has its own conditions of issuing the guarantee. This is the best safety net in business instead of relying on goodwill which could lead to losses once breached. It reduces your exposure to losses regardless of your trading environment.




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