Surety Backed Letter Of Credit Template for England and Wales

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Key Requirements PROMPT example:

Surety Backed Letter Of Credit

"Need a Surety Backed Letter of Credit for a major infrastructure project in Dubai, with a facility amount of USD 50 million and multiple drawing conditions, to be issued by HSBC with surety backing from AIG, expiring in March 2025."

Document background
The Surety Backed Letter of Credit is typically employed in high-value commercial transactions where additional security layers are required beyond standard letter of credit protection. This document is particularly relevant in complex international trade, construction, or infrastructure projects where multiple parties seek enhanced payment security. Under English and Welsh jurisdiction, it provides a robust legal framework combining traditional letter of credit mechanics with surety guarantees, offering protection against both performance and payment risks. The document typically includes detailed provisions for drawing conditions, surety obligations, and specific procedures for claim processing.
Suggested Sections

1. Parties: Identifies all parties: issuing bank, beneficiary, applicant, and surety

2. Background: Context of the transaction and relationship between parties

3. Definitions: Key terms used throughout the document including UCP 600 and other relevant regulations

4. Letter of Credit Terms: Core LC provisions including amount, expiry, and drawing conditions

5. Surety Obligations: Details of the surety's guarantee and conditions

6. Drawing Procedures: Process for making claims under the LC including required documentation

7. Reimbursement Provisions: Terms for reimbursing the issuing bank

Optional Sections

1. Transfer Rights: Optional terms for transferring the LC - include when the LC needs to be transferable

2. Counter-Indemnities: Additional indemnity provisions for cases requiring multiple layers of security

3. Syndication Provisions: Terms for syndicated participation in large LCs with multiple bank participation

Suggested Schedules

1. Form of Demand: Standard format for making drawings under the LC

2. Required Documents: List of documents required for LC drawings

3. Form of Surety Bond: The surety's guarantee documentation

4. Fee Schedule: Details of all applicable fees and charges

5. Notice Details: Contact information and notice requirements for all 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

Relevant legal definitions
Clauses
Industries

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

ISP98: International Standby Practices - Rules governing standby letters of credit and similar instruments

URR 725: Uniform Rules for Bank-to-Bank Reimbursements - Governing interbank reimbursement procedures

Bills of Exchange Act 1882: UK legislation governing negotiable instruments including certain aspects of letters of credit

Financial Services and Markets Act 2000: Primary UK legislation regulating financial services and markets, including banking activities

Financial Services Act 2012: Updates to financial services regulation including amendments to FSMA 2000

UK Banking Act 2009: Legislation governing banking operations and regulation in the UK

Statute of Frauds 1677: Historic legislation requiring certain contracts, including guarantees, to be in writing

Law of Property (Miscellaneous Provisions) Act 1989: Legislation affecting formal requirements for certain types of contracts and property transactions

ICC Rules: International Chamber of Commerce rules governing international trade and banking practices

SWIFT Messaging Standards: Technical standards for international banking communications and letter of credit transmission

Money Laundering Regulations 2017: UK regulations implementing anti-money laundering requirements for financial transactions

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, affecting financial transactions

Contracts (Rights of Third Parties) Act 1999: Legislation governing third party rights in contracts, relevant for multi-party LC arrangements

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements in the UK

Basel III Requirements: International banking standards affecting capital requirements and risk management

PRA Requirements: Prudential Regulation Authority requirements for banks and financial institutions in the UK

FCA Regulations: Financial Conduct Authority regulations governing financial services and consumer protection

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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