A bank’s independent promise to pay on documents. Its whole value is that it does not look at the underlying dispute.
Esshaki Legal Media TeamCurrent as of September 2024
A letter of credit is an undertaking by a bank to pay a beneficiary on
presentation of specified documents. It is used to shift credit risk from a
counterparty to a bank.
Independence. The bank’s obligation is separate from the underlying contract.
A dispute between buyer and seller is not a reason for the bank to refuse
payment, and this independence is the entire point — a beneficiary takes a bank’s
credit rather than a trading partner’s.
Strict compliance. The bank pays against documents, and the documents must
conform to the credit on their face. Minor discrepancies — a misspelling, a date
outside the presentation window, a missing signature — justify refusal. Most
disputes are about whether a presentation conformed.
Standby versus commercial. A commercial credit is a payment mechanism for
goods. A standby functions as a guarantee, payable on the beneficiary’s
statement that the applicant has defaulted, and is common in construction and
lease security.
Fraud is the narrow exception to independence: where the presentation is
fraudulent and there is no colorable basis for payment, a court may enjoin it.
The standard is deliberately high, and applications usually fail.
Practical guidance. For a beneficiary, negotiate the required documents so
they are within your control to produce. For an applicant, the corollary — a
credit payable on a bare statement of default offers little protection.