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Non Operative SBLC for Malaysia

Non Operative SBLC Template for Malaysia

A Non-Operative Standby Letter of Credit (SBLC) is a financial instrument issued under Malaysian law that serves as a guarantee of payment or performance. This document, governed by Malaysian banking regulations and international banking practices, provides a secondary payment mechanism that can be drawn upon if specific conditions are met. It includes detailed terms and conditions, presentation requirements, and claim procedures, all structured within the framework of Malaysian financial services legislation and international banking standards such as UCP 600 and ISP98.

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Non Operative SBLC

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What is a Non Operative SBLC?

The Non-Operative SBLC is a crucial financial instrument in Malaysian banking and international trade transactions. It is typically used when parties require a bank-backed guarantee for significant commercial transactions, particularly in cross-border deals. The document is structured to comply with Malaysian banking regulations, specifically the Financial Services Act 2013, while adhering to international banking practices. A Non Operative SBLC differs from an operative SBLC in that it serves purely as a contingent payment mechanism, typically remaining unused throughout its tenure unless a specific trigger event occurs. It contains essential elements such as the guaranteed amount, validity period, triggering conditions, and claim procedures, providing security to the beneficiary while maintaining the applicant's financial flexibility.

What sections should be included in a Non Operative SBLC?

1. Bank Reference Number: Unique identifier for the SBLC

2. Date: Issue date of the SBLC

3. Beneficiary Details: Complete name and address of the party in whose favor the SBLC is issued

4. Applicant Details: Complete name and address of the party requesting the SBLC

5. Currency and Amount: Specified currency and amount of the SBLC in both figures and words

6. Expiry Date: Date and place of expiry of the SBLC

7. Form of Presentation: Format and method for presenting documents

8. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

9. Purpose of SBLC: Clear statement of the underlying transaction or obligation

10. Terms and Conditions: Essential conditions for claiming under the SBLC

11. Bank Authorization: Authorized signatures and bank stamp

What sections are optional to include in a Non Operative SBLC?

1. Partial Drawings: Include when multiple partial drawings are permitted under the SBLC

2. Transfer Rights: Include when the SBLC is transferable to other parties

3. Force Majeure Clause: Include when specific force majeure provisions are required

4. Amendment Conditions: Include when specific amendment procedures need to be detailed

5. Language Preference: Include when the SBLC needs to be issued in multiple languages

6. Special Instructions: Include when there are unique requirements for document presentation or processing

What schedules should be included in a Non Operative SBLC?

1. Schedule A - Document Requirements: Detailed list of required documents for SBLC claim

2. Schedule B - Form of Demand: Template for making a claim under the SBLC

3. Schedule C - Underlying Contract Details: Summary of the underlying transaction or agreement

4. Appendix 1 - Bank's Standard Terms: Standard terms and conditions of the issuing bank

5. Appendix 2 - Authorization Documents: Copies of relevant authorization documents and powers of attorney

6. Appendix 3 - Communication Procedures: Detailed procedures for communications between parties

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

Malaysia

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Banking and Financial Services

International Trade

Manufacturing

Construction

Energy

Infrastructure

Real Estate

Mining

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Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

Corporate Banking

International Banking

Credit Administration

Documentary Credits

Relevant Roles

Trade Finance Manager

Corporate Banking Officer

Chief Financial Officer

Treasury Manager

Finance Director

Credit Risk Manager

Compliance Officer

Legal Counsel

Documentary Credits Specialist

International Trade Specialist

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Senior Relationship Manager

Transaction Banking Officer

Industries







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