返回: CSDG考试知识点目录 本站主页
Key features of demand guarantees and standby letters of credit
Most of the key features are the same for demand guarantees and standby
letters of credit. We shall refer to both the demand guarantee and the
standby letter of credit as ‘the instrument’. These key features are:
- The instrument is irrevocable and effective from the moment it is issued.一旦开立不可撤销。
- The instrument is independent of the underlying relationship.独立于基础交易
- Demands must be documentary in form.单据化索偿
- Non‑documentary conditions should be avoided.不接受非单据化条款
- The instrument will have a fixed monetary limit or a clear mechanism for determining a fluctuating limit.金额是 固定的或有调整上限
- The instrument will normally have a fixed duration. This will be a specified expiry date or expiry event, although the instrument may have a clear mechanism for extensions.一般具有固定期限，即使有展期条款也有具体的到期时间或事件
- All terms and conditions of the instrument are set out in the instrument itself or in the rules which may be incorporated in the instrument. 所有的条款应符合其本身及适用的条款
- The beneficiary of the instrument is identified. Rights under an instrument subject to ICC rules cannot be passed to third parties except in limited circumstances.有限定的受益人，除非特殊规定否则受益人权力不可转让至第三方。