Usance Lc Discounting Template for Hong Kong

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Key Requirements PROMPT example:

Usance Lc Discounting

"I need a Usance LC Discounting agreement governed by Hong Kong law for a manufacturing company, with a facility limit of USD 10 million, including provisions for multiple currency discounting and enhanced compliance requirements for transactions with mainland China counterparties."

Document background
The Usance LC Discounting agreement is utilized when a beneficiary of a Letter of Credit seeks early payment from a bank against a usance (term) LC. This document, governed by Hong Kong law, establishes the legal framework for the discounting relationship, detailing how the bank will purchase the LC at a discount before its maturity date. It's particularly important in international trade where suppliers need immediate access to funds while offering credit terms to buyers. The agreement covers crucial aspects such as discount rates, fees, document requirements, representations and warranties, and recourse rights. It incorporates both local Hong Kong banking regulations and international trade practices, making it essential for trade finance operations in the Asia-Pacific region.
Suggested Sections

1. Parties: Identifies the discounting bank and the beneficiary (seller/exporter) entering into the agreement

2. Background: Explains the context of the LC discounting arrangement and the underlying trade transaction

3. Definitions: Defines key terms used throughout the agreement including 'Usance LC', 'Discounting Rate', 'Maturity Date', etc.

4. Discounting Facility: Details the core discounting arrangement, including the facility limit and general terms

5. Discounting Process: Outlines the procedure for submitting LCs for discounting and the bank's review process

6. Pricing and Fees: Specifies the discounting rate calculation method, fees, and charges applicable

7. Payment Terms: Details the payment mechanics, including disbursement and collection processes

8. Representations and Warranties: Standard representations and warranties from the beneficiary regarding their capacity and the underlying trade transaction

9. Covenants: Ongoing obligations of the beneficiary throughout the facility period

10. Events of Default: Lists circumstances constituting default and their consequences

11. Recourse and Security: Describes the bank's recourse rights and any security arrangements

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Additional Banking Services: Include when the bank offers related services like advisory or document checking

2. Silent Confirmation: Include when the bank offers silent confirmation services for the LCs

3. Document Handling: Include when the bank provides document preparation or checking services

4. Insurance: Include when specific insurance requirements are needed beyond standard trade credit insurance

5. Multiple Currency Provisions: Include when discounting is offered in multiple currencies

6. Sanctions and Compliance: Include when dealing with parties from sensitive jurisdictions

Suggested Schedules

1. Schedule 1 - Facility Terms: Detailed commercial terms including facility limit, validity period, and pricing

2. Schedule 2 - Conditions Precedent: List of documents required before the facility becomes effective

3. Schedule 3 - Form of Discounting Request: Standard form for requesting discounting of specific LCs

4. Schedule 4 - Calculation of Discounting Rate: Detailed methodology for calculating the discounting rate

5. Schedule 5 - Documentary Requirements: List of required documents for each discounting request

6. Appendix A - Standard Operating Procedures: Detailed procedures for submission and processing of discounting requests

7. Appendix B - Fee Schedule: Comprehensive list of all applicable fees and charges

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 Industries

Banking & Financial Services

International Trade

Import/Export

Manufacturing

Commodities Trading

Wholesale Distribution

Retail

Shipping & Logistics

Agricultural Trade

Industrial Products

Relevant Teams

Trade Finance

Treasury

Legal

Risk Management

Compliance

Finance

International Banking

Credit

Operations

Documentary Credits

Trade Operations

Commercial Banking

Relevant Roles

Trade Finance Manager

Treasury Manager

Chief Financial Officer

Finance Director

Trade Operations Manager

Risk Manager

Compliance Officer

Banking Relationship Manager

Trade Finance Officer

Credit Manager

Documentary Credits Specialist

International Trade Specialist

Financial Controller

Export Finance Manager

Banking 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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