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Operative Letter Of Credit for the United Kingdom

Operative Letter Of Credit Template for England and Wales

An Operative Letter of Credit is a formal banking instrument governed by English and Welsh law, providing a secure payment mechanism in international trade. It represents an irrevocable undertaking by a bank to pay a specified sum to a beneficiary upon presentation of compliant documents. The document operates under the Uniform Customs and Practice for Documentary Credits (UCP 600) and relevant UK banking regulations, offering parties a standardized and legally robust framework for international transactions.

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What is a Operative Letter Of Credit?

The Operative Letter of Credit serves as a fundamental tool in international trade finance, providing security and certainty in cross-border transactions. Governed by English and Welsh law, this document establishes a bank's commitment to pay a specified amount against the presentation of stipulated documents. When using an Operative Letter of Credit, parties benefit from the established legal framework of a major financial jurisdiction, combined with the international standards of UCP 600. The document typically includes detailed payment terms, documentary requirements, and specific conditions that must be met for payment release, making it particularly valuable in complex international transactions where direct payment arrangements might be risky or impractical.

What sections should be included in a Operative Letter Of Credit?

1. Issuing Bank Details: Full name, address, and reference numbers of the issuing bank

2. Beneficiary Details: Complete identification of the party receiving payment, including full name, address, and banking details

3. Applicant Details: Complete identification of the party requesting the letter of credit, including full name, address, and reference numbers

4. Credit Amount and Currency: Specific amount and currency of the letter of credit, including any tolerance levels if applicable

5. Expiry Details: Clear statement of when and where the credit expires, including the latest presentation date

6. Documentary Requirements: Detailed list of required documents for payment, including specific requirements for each document

7. Payment Terms: Specific conditions under which payment will be made, including timing and method of payment

What sections are optional to include in a Operative Letter Of Credit?

1. Transferability Clause: Optional clause specifying whether and how the credit may be transferred to another beneficiary

2. Revolving Credit Provisions: Optional terms specifying automatic renewal conditions and limits

3. Red Clause Provisions: Optional terms allowing for advance payment to beneficiary before document presentation

4. Back-to-Back Credit Terms: Optional provisions for when the credit is used to support another letter of credit

What schedules should be included in a Operative Letter Of Credit?

1. Document Checklist: Comprehensive checklist detailing all required documents and their specific format requirements

2. Standard Banking Forms: Collection of required banking forms for processing the letter of credit

3. Shipping Schedule: Details of shipping arrangements, requirements, and deadlines if applicable to the transaction

4. UCP 600 References: Specific articles of UCP 600 applicable to this letter of credit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

UCP 600: Uniform Customs and Practice for Documentary Credits - Primary international rules governing letters of credit operations globally

ISBP: International Standard Banking Practice - Detailed guidelines for examining documents under UCP 600

ICC Rules: International Chamber of Commerce Rules providing framework for international trade practices

Bills of Exchange Act 1882: UK legislation governing negotiable instruments and bills of exchange

Sale of Goods Act 1979: UK legislation governing contracts for the sale of goods

Unfair Contract Terms Act 1977: UK legislation limiting the extent to which civil liability for breach of contract can be avoided

Contracts (Rights of Third Parties) Act 1999: UK legislation governing third party rights in contractual arrangements

Doctrine of Strict Compliance: Common law principle requiring exact compliance with documentary credit terms

Autonomy Principle: Common law principle establishing letters of credit as independent from underlying transactions

Fraud Exception: Common law principle allowing interference with payment under letter of credit in cases of fraud

Financial Services and Markets Act 2000: UK legislation regulating financial services and markets

UK Money Laundering Regulations 2017: Regulations implementing anti-money laundering measures in the UK

FCA Regulations: Financial Conduct Authority regulations governing financial institutions and services

SWIFT Standards: Global messaging standards for banking communications

ISO 20022: International standard for electronic data interchange between financial institutions

Export Control Order 2008: UK legislation controlling the export of strategic goods and technology

Trade Sanctions Regulations: Various regulations governing international trade restrictions and sanctions

Rome I Regulation: Retained EU law determining which law applies to contractual obligations

Teams

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