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LETTER OF CREDIT
UCPDC 600 Edition effective from 1st July 2007 Documentary Credit means any arrangement that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation.
the terms and conditions of the credit, the applicable provisions of these rules (UCP 600) and international standard banking practice.
Honour a. to pay at sight if the credit is available by sight payment. b. to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. c. to accept a bill of exchange ("draft") drawn by the beneficiary
LETTER OF CREDIT
Three main contracts underlying LC - Sale Contract between Buyer & Seller - Application-cum-Guarantee between Applicant(Buyer) and Issuing Bank - LC itself (contract between Issuing Bank and Beneficiary/Seller) ( LC independent of other two contracts)
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GOODS
IMPORTER DOCS
Letter of Credit
Advising bank
DOCUMENTS DOCUMENTS PAYMENT
PAYMENT
Reimbursing Bank
Types of credit
Security to beneficiary
Confirmed
Mode of settlement
Involving middlemen
Involving advances
Transferable Credits
Credit has to be opened as transferable
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Transferable Credits
The following parameters may be changed while
transferring a credit
Amount of credit, unit price and quantity of goods Date of expiry, last date of shipment and last date of
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Revolving Credits
Credit is opened to cover a series of regular transactions over a longer period Beneficiary will submit a series of documents Maximum value of each document will be fixed and is the revolving limit
LC amount is the maximum value of documents that can be handled under the credit.
The credit may be reinstated automatically or after payment of earlier bill.
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LC Regulations
Foreign Trade Policy requirements. FEMA requirements. Credit norms of Central Bank. UCPDC 600 Provisions.
Banks Internal Credit Policies/ procedures. Public notices issued by DGFT Uniform Rules for bank-to-bank reimbursements 525 Incoterms 2010
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Protection to Banks
Banks are not responsible : for the genuineness or contents of any documents submitted (Art. 34) For losses etc. arising from transmission problems (Art. 35) Force Majeure ( Art. 36) For the failings of their correspondent Banks (Art. 37)
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Protection to Banks
Issuing Bank is responsible for all Bank charges and other costs at home or abroad even if they are supposed to be paid by other party (Art. 37 c).
Applicant is responsible for any adverse consequences of foreign laws (Art. 37d).
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Appraisal Issues..
Limit to be commensurate with turnover and CC limits. Should be for genuine trade/ manufacturing activity. Usance period of the LC should ordinarily have
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Appraisal Issues.
LCs for purchase of machinery / capital goods should be backed by borrowers own funds or a term loan sanctioned for the purpose. Wherever warranted, in addition to margin, where prescribed, we may also retain a lien on the undrawn portion of the CC limit for the value of bills to be received under the LC.
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Appraisal Issues
Sister concerns: Where the opener and beneficiary are sister concerns, LCs should not normally be necessary. Take care of kite-flying operations. Standing of the beneficiary. D/A facilities to applicants of undoubted standing and where security available is much more than the value of LC.
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Appraisal Issues
While computing purchase of imported material on LC basis take net of import duty. Assess limits for usance and sight LC separately. Usance period should not exceed the production cycle excepting in the case of bulk imports. Keep in mind the accepted projections regarding Sundry Creditor levels. Margins & security depending on track record. Cash budget monitoring to track availability of funds.
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Appraisal Issues.
Revolving LCs:
To be valid for not more than 1 year The limit should be a sub-limit. The LC value should be restored for further negotiation only after the advice of retirement of the previous bill has been received from the issuing bank by the beneficiary bank.
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ASSESSMENT OF LC LIMIT
While assessing Letter of Credit Limit, the following points need to be noted:
Purchases of RM on LC basis should be net of Import Duty; LC amount should cover FOB, CIF or C&F value of goods- should not include customs duty and other charges payable in India. Payment of these charges should be taken care of by the main working capital(CC) A/C of Applicant.
Transit time should be treated as Nil if usance period starts from shipment date.
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Other issues
Arriving at D.P: Ensure that the stocks covered by bills which have been received under LCs opened by us, and not yet retired, are not included for computing the D.P. in CC account. Devolvement of LCs: In case of irregularity in CC account do not open further LCs. Take adequate margins and step up in case of it becoming a habit in worse cases stop further issues. Mark lien on DP so that usance bills are properly retired on due date.
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Precautions
The limits for demand LCs and usance LCs should be assessed separately with ample justifications. The usance period should not, generally, exceed the production cycle. In case of bulk imports, establishment of LCs for longer usance period may be considered selectively. When liability under LC is met by creating an irregularity in the Cash Credit account, the relative LC limit should not be released for opening further LCs till the account is adjusted. Frequent Devolvement's: Warning signal!
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Assessment of LC Limit
We assume that: - Annual consumption of material to be purchased under LC C (Rs..) - Lead time from opening LC to shipment: L (months) - Transit time: T (months) - Credit (usance) period available: U (months)
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Assessment of LC Limit
L+ T+ U = Purchase Cycle: P (months) LC Limit = P x C/12 Say, lead time, i.e. time from order placement to shipment = 10 days Transit period = 20 days Usance period from arrival of goods= 3m Total Purchase Cycle = 4m Monthly consumption of material = Rs 100 lacs LC Limit(4 x 100) = Rs 400 lacs
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ASSESSMENT OF LC LIMIT :
M/s XYZ COMPANY LIMITED LETTER OF CREDIT LIMIT OF Rs. 20 CRORES
(Rs. in crores)
172.64
69.41 5.78 3 months 1 month
[D]
4 months
23.12 20.00 34
Assessment of LC Limit
Let us assume as follows: (Rs in lacs) i) Annual purchase of RM: 3200 ii) RM purchase under LC(50%): 1600 iii) Purchase under demand LC: 800 iv) Purchase under usance LC: 800
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