国际备用信用证惯例:
适用的国际惯例:主要包括国际备用信用证惯例(ISP98)或UCP500
国际备用信用证惯例ISP98中的部分要点:
1.06 c.
因为备用信用证是独立的,备用证下开证人义务的履行并不取决于:
i.开证人从申请人那里获得偿付的权利和义务;
ii.收益人从申请人那里获得付款的权利;
iii.在备用证中对任何偿付协议或基础交易的援引;或
iv.开证人对任何偿付协议或基础交易的履约或违约的了解与否。
1.06 d.
因为备用证是单据性的,开证人的义务取决于单据的提示,以及对所要求单据的表面审查。
备用信用证样本(交通银行的融资性备用信用证样本):
To: Bank of communications, SHENY ANG Branch
From: XYZ BANK
Date: 20 DECEMBER 2004
Standby Letter of Credit
With reference to the loan agreement no. 2004HN028 (hereinafter referred to as "the agreement" ) signed between Bank of Communications, SHENY ANG Branch (hereinafter referred to as "the lender" ) and LIAONING ABC CO., LTD (hereinafter referred to as "the borrower" )for a principal amount of RMB2,000,000 (in words),we hereby issue our irrevocable standby letter of credit no.810LC040000027D in the lender's favor for amount of the HONGKONG AABBCC CORPORA TION which has its registered office at AS 8 FL. 2SEC. CHARACTER RD. HONGKONG for an amount up to UNITED STA TES DOLLARS THREE MILLION ONLY.(USD3,000,000) which covers the principal amount of the agreement plus interest accrued from aforesaid principal amount and other charges all of which the borrower has undertaken to pay the lender. The exchange rate will be the buying rate of USD/RMB quoted by Bank of Communications on the date of our payment. In the case that the guaranteed amount is not sufficient to satisfy your claim due to the exchange rate fluctuation between USD and RMB we
hereby agree to increase the amount of this standby L/C accordingly.
Partial drawing and multiple drawing are allowed under this standby L/C.
This standby letter of credit is available by sight payment. We engage with you that upon receipt of your draft(s) and your signed statement or tested telex statement or SWIFT stating that the amount in USD represents the unpaid balance of indebtedness due to you by the borrower, we will pay you within 7 banking days the amount specified in your statement or SWIFT. All drafts drawn hereunder must be marked drawn under XYZ Bank standby letter of credit no. 810LC040000027D dated 20 DECEMBER 2004.
This standby letter of is credit will come into effect on 20 DECEMBER 2004 and expire on 09 DECEMBER 2005 at the counter of bank of Communications , SHENY ANG branch.
This standby letter of credit is subject to Uniform Customs and Practice for Document Credits(1993 revision) International Chamber of Commerce Publication No.500.
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