返回: CSDG考试知识点目录
Counter‑guarantees and confirmed standby letters of credit
反担保保函–Counter‑guarantees：the counter‑guarantee issued by the counter‑guarantor in favour of the guarantor. The demand guarantee issued by the guarantor in favour of the beneficiary.
The demand guarantee and the counter‑guarantee may have different terms and be subject to different laws and legal jurisdiction. In normal circumstances, the beneficiary will present a demand to the guarantor, who will then check that the demand complies with the terms of the demand guarantee.
反担保的付款责任：If it does comply, the guarantor will pay the beneficiary. However, the guarantor has no automatic right to reimbursement by the counter‑guarantor. Instead the guarantor must present a demand under the counter‑guarantee which complies with the terms of the counter‑guarantee.
备用信用证–Standby letter of credit. The issuing bank gives an undertaking to the beneficiary on the terms of the standby. That standby is then confirmed by the confirming bank in favour of the beneficiary. The terms of the confirming bank’s obligation to the beneficiary are identical to the issuing bank’s obligations to the beneficiary.
备用信用证的付款责任：In normal circumstances, the beneficiary will present a demand to the confirming bank, the confirming bank will check that the demand complies with the terms of the standby and, if it does comply, the confirming bank will pay the beneficiary. The confirming bank will then forward the beneficiary’s demand to the issuing bank and will be entitled to be reimbursed by the issuing bank.
两者的异同：In the event that the confirming bank defaults and fails to pay a complying demand, the beneficiary of the standby letter of credit has the right to present a demand directly to the issuing bank and to be paid by the issuing bank. However, if the guarantor defaults, the beneficiary of the demand guarantee has no
right to present a demand directly to the counter‑guarantor.