opening @ operation of lc
TRANSCRIPT
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MD.ABU ZAFAR SHAMSUDDINTRUST BANK LIMITEDGULSHAN CORPORATE BR.
OPENING & OPERATION OF LETTER OF CREDIT
A letter of credit is a document issued mostly by a financial institution which usually providesan irrevocable payment undertaking (it can also be revocable, confirmed, unconfirmed,transferable or others e.g. back to back: revolving but is most commonlyirrevocable/confirmed) to a beneficiary against complying documents as stated in the Letter ofCredit. Letter of Credit is abbreviated as an LC orL/C, and often is referred to as adocumentary credit, abbreviated as DC or D/C, documentary letter of credit, or simply ascredit (as in the UCP 600). Once the beneficiary or a presenting bank acting on its behalf,makes a presentation to the issuing bank or confirming bank, if any, within the expiry date ofthe LC, comprising documents complying with the terms and conditions of the LC, theapplicable UCP and international standard banking practice, the issuing bank or confirming
bank, if any, is obliged to honour irrespective of any instructions from the applicant to thecontrary. In other words, the obligation to honour (usually payment) is shifted from theapplicant to the issuing bank or confirming bank, if any. Non-banks can also issue letters ofcredit however parties must balance potential risks.
Parties of LC: Applicant (Importer)
Beneficiary (Exporter)
Issuing Bank/ Issuing Entity
Nominated Banka) Advising Bankb) Confirming Bankc) Negotiating Bankd) Accepting Banke) Paying Bankf) Reimbursing bank
Procedure of Opening LCMAKING CONTRACT:
Making contract between Buyer & Seller regarding price quality, quantity, specification, mode
of payment, date of shipment, mode of shipment, validity of Proforma Invoice, port ofdestination etc. importer obtain Proforma invoice or indent as written instrument of contract.
APPLIES FOR OPENING L/C
After getting Proforma Invoice/indent the importer applied for establishing L/C along with
following papers
a) Formal request letter
b) Proforma Invoice/indent along with Bangladesh Bank permission in case of indent.
http://en.wikipedia.org/wiki/Financial_institutionhttp://en.wikipedia.org/wiki/Beneficiaryhttp://en.wikipedia.org/wiki/Uniform_Customs_and_Practice_for_Documentary_Creditshttp://en.wikipedia.org/wiki/Uniform_Customs_and_Practice_for_Documentary_Creditshttp://en.wikipedia.org/wiki/Financial_institutionhttp://en.wikipedia.org/wiki/Beneficiaryhttp://en.wikipedia.org/wiki/Uniform_Customs_and_Practice_for_Documentary_Creditshttp://en.wikipedia.org/wiki/Uniform_Customs_and_Practice_for_Documentary_Credits -
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c) L/C application (Printed)
d) Insurance Policy/Cover note
e) Undertaking regarding fluctuation of exchange rate
f) IMP form (Full set)
g) Permission letter from Concern authority
Before opening L/C Bankers have to ensure submission of following papers :
a) Valid IRC/IP etc
b) Valid Trade License
c) TIN/VAT Certificate
d) Regular Account with sufficient Balance for recoverable commission charges and
Margin
e) Obtaining required approval form Head Office
f) Determining Source of Foreign Currency
g) Obtaining clearance from local Banks
h) Consideration of import Policy & Bangladesh Bank Guideline
i) In absence of original IRC the client must submit a certificate regarding overdue bill of
entry from existing bank
j) Obtaining credit report
ISSUANCE OF L/C
After scrutiny relative documents and permission of concern authority, Bank establishes L/C
and sends for advising, through our foreign correspondence and recover necessary chargesi.e., L/C Commission, Postage/ Telex/ SWIFT Charge. Then copy of L/C must send to CCI&E
along with LCAF.
Also issuing bank have to send PSI Company L/C copy along with photocopy of Insurance
Cover note Proforma Invoice, VAT and TIN Certificate and formal request letter as per PSI
policy for pro-shipment purpose.
ACCOUNTING PRCEDURE FOR OPENING L/C.
Customers Liability---------------- Dr.Bankers Liability------------------- Cr.
Clients A/C --------------------------------Dr.Income A/C Commission on L/c-------- Cr.
Incomer A/C Postage Charge --------Cr.S/D VAT-------------------------------- Cr.
S/D Margin on L/C --------------------Cr.
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OPERATIONAL MECHANISM
After issuing LC the issuing Bank send L/C copy to advising Bank for advice the same.
After receiving L/C from issuing Bank the advising Bank ensure whether it is operative or not.
As per Articles XI of UCPDC 600 that
a.An authenticated teletransmission of a credit or amendment will be deemed to be the
operative credit or amendment, and any subsequent mail confirmation shall be disregarded.
If a teletransmission states "full details to follow" (or words of similar effect), or states that the
mail
confirmation is to be the operative credit or amendment, then the teletransmission will not be
deemed to be the operative credit or amendment. The issuing bank must then issue the
operative credit or amendment without delay in terms not inconsistent with the
teletransmission.
b.A preliminary advice of the issuance of a credit or amendment ("pre-advice") shall only be
sent if the
issuing bank is prepared to issue the operative credit or amendment. An issuing bank that
sends a preadvice is irrevocably committed to issue the operative credit or amendment,
without delay, in terms not
inconsistent with the pre-advice.
ADVISING L/C
After receiving L/C from Issuing Bank the Advising Bank advise the L/C to Beneficiary duly
authenticated by them.. If he unable to advice the same he must inform it to issuing Bank
without delay.
Responsibility of Advising Bank as per Articles 9 of UCPDC 600 is:
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a.A credit and any amendment may be advised to a beneficiary through an advising bank. An
advising bank that is not a confirming bank advises the credit and any amendment without any
undertaking to honour or negotiate.
b. By advising the credit or amendment, the advising bank signifies that it has satisfied itself as
to the
apparent authenticity of the credit or amendment and that the advice accurately reflects the
terms and
conditions of the credit or amendment received.
c.An advising bank may utilize the services of another bank ("second advising bank") to
advise the credit
and any amendment to the beneficiary. By advising the credit or amendment, the second
advising bank
signifies that it has satisfied itself as to the apparent authenticity of the advice it has received
and that the
advice accurately reflects the terms and conditions of the credit or amendment received.
d.A bank utilizing the services of an advising bank or second advising bank to advise a credit
must use the
same bank to advise any amendment thereto.
e. If a bank is requested to advise a credit or amendment but elects not to do so, it must so
inform, without
delay, the bank from which the credit, amendment or advice has been received.
f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the
apparent
authenticity of the credit, the amendment or the advice, it must so inform, without delay, the
bank from
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which the instructions appear to have been received. If the advising bank or second advising
bank elects
nonetheless to advise the credit or amendment, it must inform the beneficiary or second
advising bank that
it has not been able to satisfy itself as to the apparent authenticity of the credit, the amendment
or the
advice.
PROCUREMENT AND SHIPMENT OF GOODS
After receiving L/C from Advising Bank the Beneficiary go through the terms & conditions o
L/Cs and if he satisfied he procure/produce goods as per specification and arrange to shipped
the same.
SUBMISSION OF DOCUMENTS
1. After making shipment of goods in favor of the importer the exporter submits
shipping documents to the negotiating bank for negotiation. He also send non
negotiable copy documents to importer directly.2. Negotiating Bank, if he authorized to negotiate the documents, carefully
scrutinize the documents with L/C term. If he found all documents in conform with
L/C term he negotiate the documents and forward it to issuing bank
3. After getting approval from issuing bank the negotiating Bank negotiate the
documents and sent to the L/C issuing Bank for payment.
LODGMENT OF DOCUMENTS
The process of settle of import bill by creating PAD (Interim arrangement for making payment of
negotiated Import bill) on complying presentation are known as Lodgment of documents.
After receiving documents form negotiating Bank, the issuing Bank examines the documents
carefully. IF issuing Bank found any discrepancies he must inform this to negotiating Bank
within 5 (Five) working days and must inform the m the status of documents. He must inform
the opener and have to mentioned discrepancies.
PAYMENT OF IMPORT BILL
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If the issuing bank found all documents fu bitted in conform with L/C term he will make
payment. If it is at sight basis, or he must convey acceptance if L/C is deferred payment.
Accounting procedure for payment sight bill
PAD -------------------------------------- Dr.TBL/NOSTRO/USD/EURO/GBP A/C---- Cr
For Reversing Existing Contingent Liability
Bankers Liability------------- Dr.Customer Liability----------- Cr.
In case of usance bill:
IFDBR------------------Dr.
IFDBC-------- ---------Cr.
Clients A/C----------------- Dr.S/D Margin on L/C --------Cr.
For reversing existing liability:
Bakers Liability-------------- Dr.Customers Liability--------- Cr.
PROCURE BILL OF ENTRY
After release documents as well as goods form port bill of entry must obtain form importer and
matched it accordingly
REPORTING
After settlement of payment bank has to submit relative information to Bangladesh Bank
prescribed format and preserve all documents or audit purpose.
Provision regarding Amendment of LC as Articles 10of UCPDC 600 is:
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a. Except as otherwise provided by article 38, a credit can neither be amended nor cancelled
without the agreement of the issuing bank, the confirming bank, if any, and the beneficiary.
b.An issuing bank is irrevocably bound by an amendment as of the time it issues the
amendment. A confirming bank may extend its confirmation to an amendment and will be
irrevocably bound as of the time it advises the amendment. A confirming bank may, however,
choose to advise an amendment without extending its confirmation and, if so, it must inform
the issuing bank without delay and inform the beneficiary in its advice.
c. The terms and conditions of the original credit (or a credit incorporating previously accepted
amendments) will remain in force for the beneficiary until the beneficiary communicates its
acceptance of the amendment to the bank that advised such amendment. The beneficiary
should give notification of acceptance or rejection of an amendment. If the beneficiary fails to
give such notification, a presentation that complies with the credit and to any not yet accepted
amendment will be deemed to be notification of acceptance by the beneficiary of such
amendment. As of that moment the credit will be amended.
d.A bank that advises an amendment should inform the bank from which it received the
amendment of any notification of acceptance or rejection.
e. Partial acceptance of an amendment is not allowed and will be deemed to be notification of
rejection of
the amendment.
f.A provision in an amendment to the effect that the amendment shall enter into force unless
rejected by the beneficiary within a certain time shall be disregarded.