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  SWQ_144
7
.6.2009
LCs not covering a physical product
Question: Can ¨deferred payment letters of credit¨, ¨red clause letters of credit¨ and ¨standby letters of credit¨ be issued to service-based companies not transacting a physical product? And, can those letters of credit have duration of 180 or 360 days?

Thank you,

Santiago Vega

 
Answer (from Kim Christensen) Dear Santiago Vega

Basically the LC is a very flexible instrument. Hence there is no rule that dictates that it must cover a physical product. For example:

Article 5 Documents v. Goods, Services or Performance

Banks deal with documents and not with goods, services or performance to which the documents may relate.

From article 5 it is clear that an LC also can cover Services or Performance. What is important is that it clearly describes the document(s) that are to trigger the payment.

At the same time there is no restriction in the LC instrument as such that prevents it from having a maturity of 180 - 360 days. I basically depends what the issuing bank is willing to issue.

I hope this helps you.

Best regards

Kim Christensen