Saturday, September 6, 2014

How To Use The Standby Letter Of Credit As Guarantee

By Kerri Stout


Financial and contractual agreements are safer when you have a guarantee. This is the safety net you require to recover your money in case the agreement is not honored. A standby letter of credit is a perfect guarantee when handling project and transactions of any magnitude. It helps you avoid reliance on goodwill when doing business.

This form of security is used in such industries as construction, shipment and service delivery. The giver promises to make payments in case the terms of the deal are not fulfilled. The best parties to give such a commitment at the international level are financial institutions or firms operating in both jurisdictions where this transaction is being carried out.

As a beneficiary, you will not suffer any loss in case the contractor fails to deliver the goods, complete a project or meet certain conditions. The banker has evaluated the creditworthiness of the contractor and identified his ceiling. The assumption is that this contractor will make payments to the bank after it releases the money to you.

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.

Some suppliers of goods and services are likely to bleach your trust. They may fail to fulfill the terms of a contract because of other factors. The factors range from financial crunch to delays in payments from their suppliers or clients. The bank or financial institution provides a buffer to cushion you against any such losses.

Some suppliers have gone out of business before fulfilling their obligations. It is extremely difficult for a client to recover his money or attach assets because of a limited jurisdiction or resources. The recovery process might require a lot of money, other resources and time. Financial institutions and banks have a legal mandate, the resources and time to recover the funds.

The assets of your contractor or supplier may be frozen because of political unrest. There are disagreements that may arise midway through the project and cause it to stall. Such circumstances would make it difficult to recover your funds. This is also the best way to deal with dishonest contractors who have no intention of fulfilling their contractual agreements.

There are conditions set by banks to facilitate payment. The client must proof that certain conditions were breached and thus the situation warrants compensation. A standby letter is not used unless the need arises, which is in extreme cases.

International trade uses commercial letters on a large scale while domestic trade uses standby letters. Your bank will issue the letter and give you conditions before it is released. It is prudent and safe to demand one when working on different contracts regardless of their value. You have a safety net in case something happens.




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