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Letter of credit - Amendment of a Letter of Credit

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Amendment of a Letter of Credit

For the seller to change the terms noted on an irrevocable letter of credit, it must request an amendment from the buyer. The amendment process is as follows:

  1. The seller requests a modification or amendment of questionable terms in the letter of credit;
  2. If the buyer and issuing bank agree to the changes, the issuing bank will change the letter of credit;
  3. The buyer's issuing bank notifies the seller's advising bank of the amendment; and
  4. The seller's advising bank notifies the seller of the amendment. Tips for Buyers and Sellers

Seller

  1. Before signing a sales contract, the seller should make inquiries about the buyer's creditworthiness and business practices. The seller's bank will generally assist in this investigation.
  2. In many cases, the issuing bank will specify the advising and/or confirming bank. These designations are usually based on the issuing bank's established correspondent relationships. The seller should ensure that the advising/confirming bank is a financially sound institution.
  3. The seller should confirm the good standing of the buyer's issuing bank if the letter of credit is unconfirmed.
  4. For confirmed letters of credit, the seller's advising bank should be willing to confirm the letter of credit issued by the buyer's bank. If the advising bank refuses to do so, the seller should request another issuing bank as the current bank may be or is in the process of becoming insolvent.
  5. The seller should carefully review the letter of credit to ensure its conditions can be met. All documents must conform to the terms of the letter of credit. The seller must comply with every detail of the letter of credit specifications; otherwise the security given by the credit is lost.
  6. The seller should ensure that the letter of credit is irrevocable.
  7. If amendments are necessary, the seller should contact the buyer immediately so that the buyer can instruct the issuing bank to make the necessary changes quickly. The seller should keep the letter of credit's expiration date in mind throughout the amendment process.
  8. The seller should confirm with the insurance company that it can provide the coverage specified in the letter of credit and that insurance charges listed in the letter of credit are correct. Typical insurance coverage is for CIF (cost, insurance and freight) often the value of the goods plus about 10 percent.
  9. The seller must ensure that the goods match the description in the letter of credit and the invoice description.
  10. The seller should be familiar with foreign exchange limitations in the buyer's country that could hinder payment procedures.

Buyer

  1. When choosing the type of letter of credit, the buyer should consider the standard payment methods in the seller's country.
  2. The buyer should keep the details of the purchase short and concise.
  3. The buyer should be prepared to amend or re-negotiate terms of the letter of credit with the seller. This is a common procedure in international trade. With irrevocable letters of credit, the most common type, all parties must agree to amend the document.
  4. The buyer can reduce the foreign exchange risk by buying forward currency contracts.
  5. The buyer should use a bank experienced in foreign trade as its issuing bank.
  6. The validation time stated on the letter of credit should give the seller ample time to produce the goods or to pull them out of stock.
  7. A letter of credit is not fail-safe. Banks are only responsible for the documents exchanged and not the goods shipped. Documents in conformity with the letter of credit specifications cannot be rejected on grounds that the goods were not delivered as specified in the contract. The goods shipped may not in fact be the goods ordered and paid for.
  8. Purchase contracts and other agreements pertaining to the sale between the buyer and seller are not the concern of the issuing bank. Only the letter of credit terms are binding on the bank.
  9. Documents specified in the letter of credit should include those the buyer requires for customs clearance.


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