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Cash Backed SBLC for Philippines

Cash Backed SBLC Template for Philippines

A comprehensive legal document governed by Philippine law that establishes the terms and conditions for a cash-backed Standby Letter of Credit (SBLC). This document outlines the arrangement where the applicant provides cash collateral to secure the bank's issuance of an SBLC in favor of a beneficiary. It details the rights and obligations of all parties, cash collateral requirements, drawing conditions, and security arrangements, while ensuring compliance with Philippine banking regulations, particularly Republic Act No. 8791 (The General Banking Law) and relevant Bangko Sentral ng Pilipinas (BSP) circulars.

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What is a Cash Backed SBLC?

The Cash Backed SBLC agreement is a crucial financial instrument used in the Philippine business environment to provide security for various commercial obligations. This document is typically employed when a party needs to provide a bank-issued guarantee backed by cash collateral, offering the beneficiary a secure and readily accessible form of financial assurance. The agreement, governed by Philippine law and regulated by the Bangko Sentral ng Pilipinas, combines elements of traditional banking security with the international standards for standby letters of credit. It's particularly valuable in international trade, project financing, and large commercial transactions where parties seek a robust security arrangement with minimal credit risk due to the cash backing requirement.

What sections should be included in a Cash Backed SBLC?

1. Parties: Identification of all parties including the issuing bank, applicant (account party), and beneficiary

2. Background: Context of the SBLC issuance and the underlying transaction it supports

3. Definitions: Definitions of key terms used throughout the agreement

4. SBLC Terms and Conditions: Core terms including amount, validity period, and purpose of the SBLC

5. Cash Collateral Requirements: Details of the cash backing, including amount, account arrangements, and maintenance requirements

6. Rights and Obligations: Specific responsibilities and rights of each party

7. Drawing Conditions: Terms and procedures for making a demand under the SBLC

8. Fees and Charges: All applicable fees, charges, and commission structures

9. Representations and Warranties: Standard declarations by the parties regarding their capacity and authority

10. Security Arrangements: Details of the cash collateral security structure and related rights

11. Events of Default: Circumstances constituting default and consequential actions

12. Governing Law and Jurisdiction: Choice of Philippine law and jurisdiction provisions

13. Notices: Communication procedures and contact details

14. Execution: Signature blocks and execution formalities

What sections are optional to include in a Cash Backed SBLC?

1. Foreign Exchange Provisions: Required when the SBLC involves foreign currency transactions

2. Counter-Indemnity: Additional indemnity provisions when required by the issuing bank

3. Additional Security: Required when additional security beyond cash collateral is provided

4. Transfer and Assignment: Include when SBLC transfer rights are permitted

5. Correspondent Bank Arrangements: Required when involving correspondent banks for international transactions

6. Tax Provisions: Detailed tax clauses when cross-border elements exist

7. Force Majeure: Extended force majeure provisions for international transactions

What schedules should be included in a Cash Backed SBLC?

1. Form of SBLC: The approved format and wording of the SBLC to be issued

2. Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

3. Cash Collateral Account Details: Specific banking details and account arrangements for the cash collateral

4. Drawing Documents: Forms and formats for making demands under the SBLC

5. Authorized Signatories: List of authorized signatories and specimen signatures

6. Compliance Documents: Required regulatory and compliance documentation

7. KYC Requirements: List of required Know Your Customer documents and procedures

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

Philippines

Publisher

Genie AI

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions









































Clauses
































Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Construction and Infrastructure

Manufacturing

Energy and Utilities

Telecommunications

Real Estate Development

Mining and Resources

Retail and Commercial

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

International Business

Operations

Commercial

Credit Management

Relevant Roles

Treasury Manager

Chief Financial Officer

Trade Finance Manager

Finance Director

Banking Relationship Manager

Corporate Lawyer

Legal Counsel

Risk Manager

Compliance Officer

International Trade Specialist

Credit Manager

Financial Controller

Business Development Manager

Commercial Director

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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