Bonds and Guarantees

Definitions.
  • It is an instrument that secures the beneficiary against loss resulting from the failure of the bank's customer to perform a contractual obligation whether it be financial or non financial.
  • Guarantees are generally not used as payment mechanisms and should only be used in cases of default.
  • Guarantees are normally subject to URDG 758, - Uniform Rules for Demand Guarantees ICC Publication no.758

Common type of Guarantees

  1. Bid Bond (also called Tender Bond) - Issued at the request of a supplier, it enables the supplier to bid for a project or sales contract
  2. Performance Bond / Guarantee - Issued at the request of a supplier, it provides assurance to a buyer of the supplier's performance under a contract
  3. Advance Payment Guarantee - issued by the Bank to guarantee the refund of an advance payment made by the beneficiary to the applicant.
  4. Retention Monies Bond (also called Warranty Bond) - Issued at the request of a supplier, it provides assurance to a buyer of the supplier's performance under the warranty, so that the buyer may release the retention money to the supplier.
  5. Customs Bond - Issued at the request of an importer in favour of the Customs Authority, it allows the importer to defer payment of import duties while accessing importing goods.
  6. Commercial Standby LC - Issued at the request of a buyer, it provides a secondary source of payment to the supplier in the event the buyer fails to pay for the goods received from the supplier.
  7. Shipping Guarantees - Issued in favour of shipping company when shipping documents go missing; In Lieu of production of Bills of lading

Invoice Discounting

This is a form of short-term borrowing often used to improve a company's working capital and cash flow position. It allows a business to draw money against its receivables before the receipt of actual payment.

The business borrows a percentage of the value of its sales invoices (discount factor) from the Bank, effectively using the receivables due as collateral for the borrowing.

Credit risk (the risk of default) is on the supplier.

LPO Financing

This is a funding method that allows a customer to purchase to access funding on the basis of a confirmed purchase order

The facility is available to customers who normally trade with reputable companies and with good credit rating.

Proceeds from this facility are released directly to the supplier of goods or services being financed. The client is then expected to perform on the contract with proceeds from the contract being assigned to the Bank.

Due to performance risk issues associated with contracts, the facility usually calls for some level of collateral.

Trade Finance Instruments

Letter of Credit.
  • A conditional undertaking
  • Given by a bank (Issuing bank)
  • At the request of a customer (Applicant)
  • To pay a seller (Beneficiary)
  • Against stipulated documents
  • Provided all terms and conditions are complied with
  • Subject to UCP 600

Principles for Letter of credit

  1. Guarantees payment, provided terms and conditions of the credit have been fulfilled.
  2. Provides a form of security to the trading parties i.e. Buyer and Seller
  3. Banks only deal in documents –not goods or services.
  4. If documents are compliant, the Issuing bank must pay, regardless of delivery, quality or quantity of goods.
  5. The LC is separate and independent from the sales contract.
  6. Letters of Credit are subject to UCP 600, Uniform Customs and Practices for Documentary Credits (2007 Revision) Publication No. 600

Parties to a Letter of Credit

 

Main Parties

Other Paties

Applicants This is the party on whose request the credit issued.
Beneficiary This is the party on whose favour a credit is issued
Issuing/ Opening Bank The bank that issues the letter of credit
Advising Bank The bank that advises the beneficiary of the issues letter of credit
Confirming Bank Bank, which under instructions from the issuing bank assmes the issuing bank's commitment to pay under the letter of credit.
Nomiated Bank This is the bank with chich the credit is available or any bank in the case of a credit availble with any bank.

Documentary Collections

Definition....

The collection by banks, of a sum of money, on behalf of an exporter (the Principal), due from an importer (the Drawee), Subject to ICC Uniform Rules for Collections, Publication No.522

Parties to a Documentary Collection

  1. Principal - Seller / Exporter
  2. Remitting Bank - Seller / Exporter
  3. Collecting Bank - Remitting bank's agent in importing country
  4. Presenting Bank - Collecting bank in importing country which presents the documents to the drawee
  5. Drawee - Buyer / Importer

Considerations under DC's

Instructions to Collecting Bank
  1. Documents Against Payment (D/P)

    Release documents only on buyer's payment

  2. Documents Against Acceptance (D/A)

    Release documents only on buyer's acceptance of attached usance Bill of Exchange

Risks

Exporter..
  • Credit risk on the Importer (especially D/A)
  • No guarantee that documents will be accepted upon presentation
Importer..
  • Goods may not be as specified after payment or acceptance of draft if inspection of goods is not permitted before hand

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