Professional Documents
Culture Documents
Prof.b.p.mishra
XIMB
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Schedule 12 - Contingent Liabilities
Bank Guarantees
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LC as a Financial Instrument:
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WHAT IS A LETTER OF CREDIT ?
Non Fund based Credit Facilities
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IMPORTER/APPLICANT EXPORTER/BENEFICIARY
SALES CONTRACT
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X E
A X
R A
M A
E M
I D
DOCS
SUBMITS
Q I
N V
U N
E I
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& SIMULATION S
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D E
T P
E S
L A
B
C Y
I TRANSMITS THE LC
T
FORWARD DOCS
PAYMENT/REIMBURSEMENT
OPENING BANK ADVISING/CONFIRM
ING/NEGOTIATING
Tuesday, October 10, 2017
BANK 7
BROAD TYPES OF DOCUMENTARY CREDITS
BASED ON SECURITY TO BENEFICIARY
STANDBY REVOLVING
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REVOCABLE AND IRREVOCABLE CREDITS
Revocable credits can be cancelled or amended any time after
issue by the opening bank
Buyer Seller
Documents
Merchant
LC Application
Benef/ applct
Documents
Confirmed LC
LC Application
Payment
Documents
Payment
LC
Payment
Merchant
Documents
First Benef
LC Application
Of LC to 2nd benef
Transferable LC
Req. for transfer
Documents
Payment
Documents
Payment
LC
Payment
Transferable LC Payment
Advising bank
Merchants bank Transfer of LC
Issuing/ Buyers
Nominated Bank Advising/
Bank Documents Transfering Bank Suppliers Bank
Tuesday, October 10, 2017 Documents 14
REVOLVING CREDITS
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ADVANTAGES OF LC FROM CUSTOMER PERSPECTIVE
-BUYER AND SELLER
The Bank scrutinizes the 'documents' and not the 'goods' for
making payment.Documentary Credit
The process works both in favor of both the buyer and the seller.
The Buyer on the other hand is assured that the bank will
thoroughly examine these presented documents and ensure that
they meet the terms and conditions stipulated in the LC.
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LETTER OF CREDIT ADVANTAGES FOR THE SELLER
Obligation of Buyers Bank: The seller has the obligation of
buyer's bank's to pay for the shipped goods. It also gives the legal
right of getting payment for the goods exported to a foreign
country.
Provision of Finance: The seller/exporter on the production of
shipping documents to the advising bank can obtain necessary
finance. (Post Shipment). The seller/exporter can also avail pre-
shipment finance from banks. In India, pre-shipment finance is
available at appx 10 % interest from banks subject to due
diligence
Credit Lines : The buyer/importer can avail credit lines from the
bank.
Control on Time Period : The buyer can control the time period
for shipping of the goods.
1. Increased Balances. There is no doubt that banks charge low rates of commission
but they offset this advantage by maintaining balances up to the line of credit so
that the drawings of the exporters are met under the credit. The balances, of
course, are the life-blood of every commercial bank.
2. Commission. The commissions charged by the banks vary with the kinds of letters
issued by them. Though the commissions are small yet when counted on the
whole they form a significant part of earnings of the commercial banks.
4. Interchange. If the importers bank serves effectively and honours the drafts
promptly of the corresponding bank, it creates good impression of the credit
standing at the importers bank. The exporters bank reciprocates by sending the
bulk of the business of the bank which has given better services.
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STANDARD DOCUMENTS REQUIRED FOR LC NEGOTIATION
1. Commercial Invoice
2. Bill of Lading
3. Packing list in case of Container Shipment
4. Quality and Quantity Certificate from Assayers like SGS,
Intertek etc
5. Certificate of Origin
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BIGGEST RISK IN LC : DEFECTS IN DOCUMENTATION
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ASSESSMENT OF LC LIMIT : ILLUSTRATION
M/s XYZ COMPANY LIMITED
LETTER OF CREDIT LIMIT OF Rs. 20 CRORES
(Rs. in crores)
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INCOTERMS 2010 ARE ARRANGED IN TO 7 TERMS-
ICC Rules for the use of domestic and international trade terms.
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INTRODUCTION
A contract of guarantee is defined as a contract to
perform the liability of a third person in case of
default. The parties to the contract of guarantee are:
a. Borrower : The principal debtor : The person at whose request
the guarantee is executed.
b. Bank : The person to whom the guarantee is given and who can
enforce it in case of default.
c. Guarantor : The person who undertakes to discharge the
obligations of the applicant in case of his default.
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PURPOSE OF ISSUE OF BGs
BGs may generally be issued for the
following purposes:
a. In lieu of Security Deposits / Earnest Money
Deposits for participating in tenders.
b. Mobilisation advance or advance money before
commencement of the project by the contractor
and for money to be received in various stages like
plant layout, design / drawings in project finance.
c. In respect of raw material supplies or for advances
by the buyers.
d. In respect of due performance of specific contracts
by the borrowers and for obtaining full payment of
the bills.
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Non Fund based Credit Facilities
Types of Guarantees
Financial Guarantee :Purely secure the monetary
obligationthese are issued by banks on behalf of oft their
customer
Performance guarantees: the customer would honor the
contract as per the conditions stipulated, falling which the bank
will compensate the third patty(Benefiarry) to the extents of
amount specified in guarantee.
Deferred Payment GuaranteeThese guarantees are issued for
purchase of equipments on deferred payment terms in favors of
suppliers. The payment of installments remaining after down
payments (Deferred portion of payment) by the purchaser on
various due dates granted by the purchasers Bank . The DPG
are substitute of term loans which might have been
guaranteed by the banks to the customer( buyer).
The only Difference is Term loan is fund based while DPG is
non- fund based unitll the invocation of the Supplier 33
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GUIDELINES ON CONDUCT OF BG BUSINESS
Branches should not issue guarantees valid for more
than 18 months without obtaining prior
administrative clearance of the appropriate authority
through their respective controlling authorities.
No Bank Guarantee should normally have a maturity
of more than 10 years. BG beyond maturity of 10
years may be considered against 100% cash margin
with prior approval of the Controllers.
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GUIDELINES ON CONDUCT OF BG BUSINESS
Branches should normally refrain from issuing
guarantees on behalf of customers who enjoy other
credit facilities not with them but with other banks.
Unsecured guarantees, where furnished by
exception, should individually be for a short period
and for relatively small amounts.
All DPGs should ordinarily be secured.
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APPRAISAL OF BG LIMIT
Branches should appraise the proposals for
guarantees with the same diligence as in the case of
FB Limits. They may also obtain adequate cover by
way of margin and security so as to prevent default
on payments when guarantees are invoked.
Whenever an application for the issue of BG (or
sanction of a regular BG Limit as part of WC Limits) is
received, branches should examine and satisfy
themselves thoroughly about the following aspects:
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APPRAISAL OF BG LIMIT
a. The need for the BG and whether it is related to the applicants
normal trade / business.
b. Whether the requirement is one-time or on a regular basis.
c. The nature of BG, i.e., Financial or Performance.
d. Applicants financial strength / capacity (through an analysis of his
financial statements, Cash & Funds Flow position and opinion
reports) to meet the liability / obligation under the BG in case of
invocation.
e. Past record of the applicant in respect of BGs issued earlier, e.g.,
instances of invocation of BGs, the reasons thereof, the customers
response to the invocation, etc.
f. Present outstanding on account of BGs already issued.
g. Margin
h. Collateral security offered.
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ASSESSMENT OF BG LIMIT
Assessment of BG Limit
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MARGINS
Following are some of the factors to be kept in view
by the branches while determining the margins
required:
a. Cash margins provide a cushion against invocation. Margin
money may be in the form of TDR or a lien marked on the DP
in the constituents CC Account. (Specific approval of
sanctioning authority is required in respect of the latter).
b. The margin to be stipulated would depend on the borrowers
means, resources, creditworthiness, security available, past
experience with regard to issue of BGs, nature of guarantee
and the nature of underlying transactions. If existing
borrower, margin on BG may generally be the same as on
Stocks, Receivables, etc.
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MARGINS
c. In case of Advance Payment Guarantees, lower margins
may initially be stipulated. Once the advance is actually
received, depending on the amount not likely to be
immediately utilised, higher margins may be built up by
impounding of cash advances.
d. In respect of non-borrower applicants, Banks approach
should normally be to obtain full margins. However, a
credit risk can be taken on the applicants based on the
financial indicators, credit worthiness, security available,
etc.
e. 100% margin should ordinarily be retained in respect of
guarantees issued in connection with disputed Customs /
Central Excise duties, unless otherwise specified in the
sanction. 41
SECURITY
Apart from the margin, BGs are usually secured by an
extension of the charge on Current Assets obtained
to cover WC facilities.
Adequate collateral security by way of Equitable
Mortgage / Extension of charge on Current / Fixed
Assets or third party guarantee should be taken
depending on the merits of each case.
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DOCUMENTS
Whenever a guarantee is issued and / or guarantee
bond is countersigned by the Bank on behalf of a
constituent, suitable Counter Guarantee should be
obtained from the constituent.
For each ad hoc BG issued, a separate Counter
Guarantee is necessary.
In the case of a regular BG Limit duly sanctioned, a
stamped Omnibus Counter Guarantee for the BG
Limit will suffice.
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DOCUMENTS
In case of a Partnership Firm, Counter Guarantees
should be signed / executed by all the partners of the
Firm.
In case of Joint Stock Company, a Board Resolution
should be got passed by the Company before executing
the Counter Guarantee or Omnibus Counter
Guarantee.
Both the Bank Guarantee (to be executed by the Bank)
and the Counter Guarantee or Omnibus Counter
Guarantee (to be executed by the applicant / borrower)
are to be stamped as agreements as per Stamp Duty
required at the place of execution.
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FORMAT OF BANK GUARANTEES
BGs should normally be issued on the format
standardised by IBA. When it is required to be issued
on a format different from the IBA format, as may be
demanded by some of the beneficiary Government
Departments, it should be ensured that the BG is:
a. For a definite period.
b. For a definite objective enforceable on the happening of a
definite event.
c. For a specific amount.
d. In respect of bona fide trade / commercial transactions.
e. Contains the Banks standard limitation clause.
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FORMAT OF BANK GUARANTEES
f. Not stipulating any onerous clause.
g. Not containing any clause for automatic renewal of the BG on
its expiry.
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FORMAT OF BANK GUARANTEES
In all the guarantees issued by the Bank, the
limitation clause suggested by IBA should invariably
be incorporated at the end of the ext as concluding
paragraph of the BG.
Notwithstanding anything contained herein:
a. Our liability under this BG shall not exceed Rs. (Rupees
only);
b. This BG shall be valid upto..; and
c. We are liable to pay the guaranteed amount or any part thereof
under this BG only and if only if you serve upon us a written
claim or demand on or before . (date of expiry of
guarantee).
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EXTENSION / RENEWAL OF BGs
Branches may entertain requests from the applicants
for extension / renewal of guarantee provided there
is no change in the amount and other terms and
conditions of the guarantee.
Expired BGs may also be renewed with retrospective
effect subject to the condition that the Bank remains
indemnified as against the contingent liabilities, etc.,
which may arise under the said guarantee, i.e., the
Counter Guarantee covers such liabilities
retrospectively.
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EXTENSION / RENEWAL OF BGs
Normally, requests for extension should emanate
from the applicants. In case, however, the
beneficiaries request the branches either to renew or
pay the guarantee amount, the branches should
acknowledge such letters to the beneficiaries and
request the applicants to renew before the
guarantees expire or deposit the guarantee amount
for honouring the commitment. If no request for
renewal is received by the branches in time, they
should honour the guarantees invoked and recover
the amount paid from the applicants in the usual
manner.
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ISSUE OF BGs WITH AUTOMATIC RENEWAL CLAUSE
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TERMINATION / CANCELLATION OF BG
Bank Guarantee can be cancelled:
a. Prior to expiry of the period only with the written
consent of the two parties to the contract, i.e., the
beneficiary and the applicant, or
b. On the expiry of claim period.
In cases where the guarantee duly cancelled is
received back before the expiry date, the liability will
be marked off in branch books. However, the
commission for the balance period is not refundable
if the purpose for which the guarantee was issued
has been fulfilled.
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REVERSING THE ENTRIES RELATING TO EXPIRED BGs
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INVOCATION OF BANK GUARANTEE
The beneficiary of the BG can invoke in writing, the
guarantee any time before the expiry of the
guarantee period. Invocation can be done by Telex /
Telegram / Hand Delivery also followed by Mail
Confirmation.
Branches should ensure that all valid claims received
by them under BGs issued by them are settled
promptly.
In the case of any dispute, such honouring, on
invocation, will be done under protest and the
matters of dispute should be pursued separately.
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DEFERRED PAYMENT GUARANTEE (DPG)
A DPG is a contract to pay to the supplier the price of
the machinery supplied by him on deferred terms to
the buyer, in agreed instalments with stipulated
interest on the respective due dates in case of default
in payment by the buyer.
Under the contract, the Bank executes a guarantee
on behalf of the buyer to the sellers banker, who on
the strength thereof, discounts the sellers bills drawn
on the buyer.
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DEFERRED PAYMENT GUARANTEE (DPG)
The seller receives payment for the P&M by his bills
being discounted by his banker, and the buyer repays
his obligations in instalments to the sellers banker by
retiring those bills on the respective maturity dates.
The period of DPGs should not ordinarily exceed 7 to
10 years.
The standard covenants for DPGs are generally the
same as those for Term Loans.
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DEFERRED PAYMENT GUARANTEE (DPG)
Where both the buyer and seller have common
banking arrangements, i.e., both are Banks
constituents, DPGs as such will not be required to be
executed. Instead, the Branch which handles the
buyers account will issue a Letter of Commitment to
the discounting Branch handling the sellers account,
authorising the discount of bills without a separate
DPG.
The issue of such a Letter of Commitment on behalf
of the buyer, however, should be treated on par with
a DPG for all purposes.
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DEFERRED PAYMENT GUARANTEE (DPG)
The liability of the Bank under DPG will be the
amount for which the guarantee is issued inclusive of
interest. The liability should be reduced by the
amount of instalments, inclusive of interest
component, as and when they are paid.
In the case of DPGs issued in forex, the conversion
rate for control entries will be the BC Selling Rate for
the currency concerned ruling on the date the
guarantee is issued. Entries will be reversed as and
when the amounts are paid, at the same rate at
which the original entry was passed.
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EXPORT PERFORMANCE GUARANTEES
Export Performance Guarantees are those which are
executed favouring the Customs Department for
amounts linked to the Customs Duty relief availed by
the exporter customers on imports of capital goods
under the Export Promotion Capital Goods Scheme.
The guarantees are for the due fulfilment of a
specified level of export obligation undertaken by a
customer to avail of the Customs Duty remission on
the imports.
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BGs IN FAVOUR OF OTHER BANKS / FIs
Branches should not issue guarantees favouring other
banks / FIs / other lending agencies for the loans
extended by the latter, as it is intended that the
primary lender should appraise and assume the risk
associated with sanction of credit and not pass on
the risk by securing itself with a guarantee.
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BGs FVG. GOVT. DEPTS : CORRESPONDENCE
In respect of guarantees issued by the branches
favouring Government Departments, branches
should not address any correspondence to the
President of India, although such guarantees are
favouring the President of India.
The correspondence relating to such guarantees
should instead be addressed to the concerned Govt.
Ministry / Departments.
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thanks
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