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Discuss differences between the letter of guarantee and the letter of credit Summary :

The article shows the differences between the letter of guarantee and the letter of credit . The differences mainly find expression in the definition , the essential contents , the debt and responsibility of relationship, the rage of suit , responsibility of payment , the basics of claim reimbursement, relate to the contract, operate the object, the trade can be equity trading or not , the kinds of the letter of credit and bank’s letter of guarantee and so on . Though they are made on the bank’s credit and undertake the primary responsibility . Through comparing the letter of guarantee with the letter of credit , we can clearly know the letter of guarantee and the letter of credit . And if we get a job in a bank , we can also help people to distinguish them after several days . Therefore , it’s important to know the difference between the letter of guarantee and the letter of credit .

Key words :

The letter of guarantee , the letter of credit , bank credit

There are nine aspects to explain the difference between the letter of guarantee and the letter of credit as follow.

Firstly , the definition is different. The letter of credit are made on the bank’s credit with the issuing bank undertaking the primary responsibility for payment , which promotes the development of international trade by guarantee the proceeds as well as the documents and offering financial facilities to both parties . The letter of guarantee is written undertaking issued by a bank at the request of the applicant , guaranteeing that the applicant will take payment to the beneficiary within the limits of a stated sum of money in the event of default by the principal .

Secondly , the essential contents are different. The letter of credit contains three most important parts . The first part concludes kinds of credit, amount in figures and words , number , date of issue , expiry date and place of the address, applicant’s name and address , beneficiary’s name and address , advising bank’s name and address . Second part concludes bill of exchange clause , shipping documents clause , goods

clause , transportation clauses and other or special terms and or conditions . The third part includes the instructions to negotiating bank , the issuing bank’s undertaking clause , the issuing bank’s name and signature , this documentary credit is subjected to UCP600. But the letter of credit includes five parts . The first part is the basic program which contains the guarantee’s number , issuing date , parties’name and address , relevant trade or name of program , relevant contract or biding document’s number and contracting or date of issue and so on . The second part is responsibility clauses which is main body forming bank’s letter of guarantee. The third part is guarantee amount that issuing bank or other financing organization bears the most amount . The third part is period of validity which is the latest claim date or be called expiry date . The five part is way of claim that means beneficiary can come up with claim to the issuing bank on any occasion . And for this condition , there are two ways to deal with it on the international. One way is first demand guarantee , another way is conditional guarantee.

Responsibility of payment is different. For the letter of credit , issuing bank takes on the first responsibility of payment . And if the credit is available , the bank will pay at maturity . Sometimes , even though the credit is available , the bank could default of payment . But on the bank’s letter of guarantee operation , bank’s demand guarantee takes on the first responsibility of payment and bank’s accessary guarantee takes on the second responsibility of payment . In spite of principal agree with it or not or what is the real fact, the guarantee of bank must take the responsibility of payment when someone has a reasonable claim.

The rage of suit is different . In general , the letter of credit applies to goods of trade . But the bank’s letter of guarantee can suit many aspects . It concludes international engineering contracting , tender and bid , debit and credit operation , repayment and advanced payment , maintenance and so on .

The debt and responsibility of relationship is different. Once the letter of credit is created , the issuing bank means the principal debtor . But bank’s letter of guarantee is a guarantee certificate which takes the responsibility of payment and it takes the responsibility of absolute payment .

The basics of claim reimbursement is different . The basic of claim reimbursement is shipping documents which are commercial bills on the letter of credit . But the basic of claim reimbursement is claim letter or other certificate document which can prove the default of principals.

Relationship with the contract is different. The letter of credit , once issued , though it on the basis of the contract , such credit is a separate transaction from the sale of other contract on which it may be based and banks are in no way concerned with or bound by such contract , even if any reference whatsoever to it is included . In a word , the letter of credit is an independent and autonomic document . However , compared with the the guarantee agreement and guarantee , the transaction between the principal and the beneficiary is master contract. That is to say , the guarantee agreement is affiliated with the master contract and is affected all kinds of contains about the contract.

Operating the objections is different. Regarding to the letter of credit , credit transaction is the trade dealing with documents and not with services , goods or other performance . Accordingly, on principle , when banks receives the documents submitted by the beneficiary , they usually examine the document or to make sure whether they comply with the terms and conditions of credit, and pay no attention to the discrepancies between the documents and the goods actually delivered by the beneficiary . As long as the documents presented by the beneficiary are in compliance with the terms and conditions of credit , the issuing bank or the nominated bank should be honor . The issuing bank and the nominated bank must examine a presentation to determine , on the basis of the documents alone , whether or not the documents appear on their face to constitute a complying presentation. In addition , what we need special emphasis is when the applicant finally receives the documents from the issuing bank ,whether he will accept or not should only depend on the documents’compliance with the credit . But for the bank’s letter of guarantee , the bank need to analysis and estimate the contract and the risk of the relevant details . The bank’s letter of guarantee must make sure the guarantee debt’s details , amounts , kind of the guarantee , cash of deposit , handling charge , the condition , date , the

period of guarantee , the change of contract , the cancel of contract , the liability for breach of contract on the rule about the bank issuing the letter of guarantee. Under the circumstances, they know the owner of rights and obligations . Therefore , when the bank gets an applicant of guarantee , bank has a necessary to check the principal’s credit standing and respectability , status of debt , the details of guarantee and the operating risk . The reason why check these information is that the bank wants to reduce the risk up to the hilt .

The functions between the letter of credit and bank’s letter of guarantee is different. For the letter of credit , the beneficiary can through negotiation to get the flow of cash. But as for bank’s letter of guarantee , unconditionally appropriated to the contract of document couldn’t be a evidence to claim and it wouldn’t be mortgage loan . So the beneficiary don’t get the capital turnover.

the kinds of the letter of credit and bank’s letter of guarantee are different. Classification of letters of credit varies with different points of view . According to the attaching of documents , there are clean credit and documentary credit . According to the Revocability of credit , there are revocable credit and irrevocable credit . According to the adding of confirmation , there are confirmed credit and unconfirmed credit . According to the method of payment , there are sight credit , deferred credit , acceptance credit and negotiation credit . In addition , there are negotiation credit and anticipatory credit and transferable credit . However , types of bank’s letter of guarantee has less than the letter of credit . There are bid bond , performance guarantee , refund guarantee , loan guarantee , overdrawn guarantee , payment guarantee , guarantee for bond payment , leasing guarantee , quality guarantee , maintenance guarantee , retention money guarantee ,bail bond , customs guarantee , guarantee for compensation trade and so .

That’s all the difference between the letter of credit and bank’s letter of guarantee . In the moment, it’s important to distinguish the details . After all , you know that and you can do it well . Thus , you can not only do better in your homework or your test, but also it’s very useful on your future work .