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Non Recourse Sblc for Switzerland

Non Recourse Sblc Template for Switzerland

A Non-Recourse Standby Letter of Credit (SBLC) agreement governed by Swiss law, which provides an independent guarantee from a bank to a beneficiary, ensuring payment upon presentation of compliant documents. The non-recourse nature means the bank cannot seek reimbursement from the applicant under specified circumstances. This document incorporates Swiss banking regulations, the Swiss Code of Obligations, and international banking practices, while providing comprehensive terms for issuance, drawing conditions, and enforcement mechanisms. It includes specific provisions for document presentation, payment terms, and the limitations of the non-recourse nature of the instrument.

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Non Recourse Sblc

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What is a Non Recourse Sblc?

This document template is designed for situations requiring a secure, independent payment guarantee where the issuing bank's recourse against the applicant is limited or eliminated under specific circumstances. The Non-Recourse SBLC is particularly useful in project financing, international trade, and large commercial transactions where risk allocation is crucial. It combines Swiss banking law requirements with international banking practices, providing a robust framework for the issuance and operation of standby letters of credit. The document addresses key aspects such as drawing conditions, document presentation requirements, and the specific circumstances under which the non-recourse provisions apply. It's commonly used when the applicant seeks to limit their liability exposure while providing the beneficiary with a reliable payment security instrument backed by a Swiss bank's creditworthiness.

What sections should be included in a Non Recourse Sblc?

1. Parties: Identification of all parties: the Bank (issuer), the Applicant, and the Beneficiary

2. Background: Context of the SBLC issuance, underlying transaction, and relationship between parties

3. Definitions: Key terms used throughout the document, including banking and technical terminology

4. SBLC Terms and Amount: Specific terms of the SBLC, including amount, currency, and validity period

5. Non-Recourse Provisions: Clear stipulation of the non-recourse nature and its limitations

6. Drawing Conditions: Specific conditions under which the SBLC can be drawn, required documentation

7. Presentation Requirements: Format, timing, and manner of presenting documents for drawing

8. Bank's Obligations: Scope and extent of the bank's commitment and examination duties

9. Fees and Charges: All applicable fees, charges, and payment terms

10. Representations and Warranties: Statements of fact and assurances from parties

11. Communications: Methods and requirements for official communications between parties

12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction details

13. Termination: Conditions and process for SBLC termination or expiry

What sections are optional to include in a Non Recourse Sblc?

1. Transfer Provisions: Include when the SBLC needs to be transferable to other beneficiaries

2. Counter Guarantees: Required when involving multiple banks or cross-border arrangements

3. Electronic Presentation: Include when allowing electronic document presentation

4. Force Majeure: Special provisions for extraordinary circumstances affecting SBLC operations

5. Sanctions Compliance: Include for cross-border transactions or parties in sensitive jurisdictions

6. Language Provisions: Required when documents may be presented in multiple languages

7. Assignment Restrictions: Include when specific assignment limitations are needed

What schedules should be included in a Non Recourse Sblc?

1. Form of SBLC: The actual format and text of the SBLC to be issued

2. Required Drawing Documents: List and samples of documents required for drawing

3. Fee Schedule: Detailed breakdown of all fees and charges

4. Specimen Signatures: Authorized signatures for all relevant parties

5. Communication Details: Contact information and authorized representatives of all parties

6. Presentation Protocol: Detailed procedures for document presentation and examination

7. Form of Transfer Request: Standard format for transfer requests if transferable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions






































Clauses






























Relevant Industries

Banking & Financial Services

International Trade

Project Finance

Construction

Energy

Infrastructure

Manufacturing

Import/Export

Commercial Real Estate

Shipping & Maritime

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Trade Finance

Corporate Banking

International Banking

Credit Risk

Documentary Credits

Banking Operations

Relevant Roles

Trade Finance Manager

Corporate Banking Officer

Project Finance Director

Chief Financial Officer

Treasury Manager

Risk Management Officer

Legal Counsel

Compliance Officer

Documentary Credits Specialist

International Trade Specialist

Banking Operations Manager

Credit Risk Officer

Corporate Finance Manager

Transaction Banking Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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