A back to back documentary credit is a type of transaction that allows two buyers to be involved in a single transaction, where one buyer purchases goods from another buyer on behalf of the first buyer.
The first buyer, also known as the beneficiary, opens a letter of credit with their bank, which serves as a guarantee for the payment. This letter of credit is then assigned to the second buyer, who becomes the beneficiary's buyer.
The second buyer, also known as the end-buyer, is responsible for paying the first buyer for the goods, and the first buyer is responsible for delivering the goods to the second buyer. This arrangement is often used when one buyer wants to purchase goods from another buyer, but doesn't want to directly deal with the second buyer.
A back to back documentary credit can be used in various industries, including international trade and commodity trading.
What is a Back-to-Back Documentary Credit?
A back-to-back documentary credit is a type of letter of credit that involves an intermediary, typically a broker or trader. This intermediary acts as a go-between for the buyer and the seller.
The process starts with the buyer issuing a letter of credit to the intermediary, who then uses it as collateral to obtain another letter of credit from a bank. The second letter of credit is issued in exchange for the shipment and is known as a back-to-back letter of credit.
Both letters of credit demand precise documentation, which often includes transport documents, insurance certificates, and inspection certifications. This ensures that the transaction is secure and compliant with all relevant regulations.
The required documentation for establishing a back-to-back letter of credit typically includes commercial invoices, shipping documents, and the original letter of credit, along with any other documents stipulated by the agreement between the trading parties.
Advantages and Disadvantages
A back-to-back documentary credit can offer privacy to both the buyer and seller, making it a convenient option for international trade.
However, fees and other charges may apply, which can add up quickly.
This type of credit can also serve as a substitute if a transferable letter of credit isn't available.
But the process involves multiple steps and letters, which can lead to murky or varying terms.
Banks tend to discourage using back-to-back documentary credits due to these complexities.
If the beneficiary doesn't meet the terms laid out in the second letter of credit, there's a risk to the bank issuing it.
Key Concepts and Definitions
A back-to-back documentary credit involves two letters of credit that secure financing for a single transaction. These are commonly used as a form of financial protection during international transactions.
Back-to-back documentary credits are useful in situations where it may be difficult for a buyer and seller to verify each other's creditworthiness. This can be a major concern when conducting business across borders.
A back-to-back documentary credit requires two distinct letters of credit, each contingent on the other. This means that the second letter of credit is dependent on the first one being issued.
Here's a breakdown of the key components involved in a back-to-back documentary credit:
- Main LC: Issued by the buyer's bank to benefit the intermediary
- Back-to-back LC: Issued by the intermediary's bank for the benefit of the final beneficiary
Both letters of credit are separate, yet inherently linked because the second LC is dependent on the first. This ensures that the transaction is secure and protected from financial risk.
How it Works
A back-to-back documentary credit is a complex but secure way to facilitate international trade. It involves two letters of credit, one issued by the buyer's bank to the intermediary's bank, and the other issued by the intermediary's bank to the seller. The buyer's bank issues a letter of credit to the intermediary, which is then used as collateral to issue a second letter of credit to the seller.
The process typically starts with the buyer going to their bank to request a letter of credit. This letter of credit is known as the principal LC or master LC. The intermediary then requests their bank to issue a second letter of credit to the actual supplier, keeping the first one as collateral. This second letter of credit is known as the back-to-back LC.
The two letters of credit have different amounts or values, expiration, shipping, and presentation dates, and invoices are allowed as substitutes. The terms of the two letters of credit are similar, but the amounts and validity periods may differ due to charges or fees of the intermediary.
Here are the key steps involved in a back-to-back documentary credit transaction:
- An original LC is issued by the issuing bank of the buyer to the intermediary.
- The intermediary then requests their bank to issue a second LC based on the security of the original one.
- This secondary LC is used to pay the end seller or beneficiary upon fulfilling the terms.
- Both LCs mirror each other in terms of terms and conditions.
Both the buyer and the seller are protected by this arrangement, as the goods must be shipped before payment is sent. The intermediary, who is often a broker, also benefits from this arrangement, as they are assured of being paid.
Transaction Process
In a back-to-back documentary credit transaction, the process unfolds in carefully orchestrated steps.
An original LC is issued by the issuing bank of the buyer to the intermediary, which serves as a financial bridge to ensure secure payment.
The intermediary then requests their bank to issue a second LC based on the security of the original one, mirroring each other in terms of terms and conditions.
This secondary LC is used to pay the end seller or beneficiary upon fulfilling the terms, contingent upon the successful fulfillment of trade terms.
Both LCs have differences mainly in amounts and validity periods due to charges or fees of the intermediary.
Here's a breakdown of the transaction chain:
- An original LC is issued by the issuing bank of the buyer to the intermediary.
- The intermediary requests their bank to issue a second LC based on the security of the original one.
- This secondary LC is used to pay the end seller or beneficiary upon fulfilling the terms.
- Both LCs mirror each other in terms of terms and conditions, with differences mainly in amounts and validity periods due to charges or fees of the intermediary.
In a typical back-to-back documentary credit transaction, the intermediary acts as a financial bridge, ensuring that all parties have a secure method of payment.
Risks and Protections
In a back-to-back letter of credit, the entities involved face a spectrum of risks that must be effectively managed to safeguard their financial interests. Proper understanding of credit risks and the implementation of risk mitigation techniques are paramount in this intricate financial setup.
The creditworthiness of all parties involved is fundamental to the success of the transaction. Parties may face the risk of default by the intermediary, which could cascade and affect all entities involved.
Banks, as issuers of the letters of credit, carry the risk if either party fails to fulfill contractual obligations. The primary risk for banks is if the original beneficiary doesn't meet the terms and conditions or if there are issues with the settlement date's expiration.
Risks and Protections
Dealing with back-to-back letters of credit can be a complex financial setup, and it's crucial to understand the risks involved.
The primary risk is for the bank issuing the second letter of credit, which can be affected if the original beneficiary doesn't meet the terms and conditions or if there are issues with the settlement date's expiration.
Banks don't encourage the use of back-to-back letters of credit due to this risk.
The creditworthiness of all parties involved in a back-to-back letter of credit transaction is fundamental to its success.
If the expiry date of the master LC has been set without keeping a sufficient buffer period, it may expire before the arrival of documents from the broker’s bank, making the settlement tricky.
The terms and conditions of the trade may be dissimilar in the master LC and the back to back LC, leading to disparity in the documentation and making the settlement process cumbersome.
Can a Be Used in Place of a Performance Guarantee?
A Letter of Intent (LOI) can be a useful tool, but it's not a substitute for a performance guarantee. It's essentially a non-binding agreement that outlines the terms of a potential deal, but it doesn't provide the same level of security as a performance guarantee.
In fact, an LOI is often used as a precursor to a performance guarantee, allowing parties to negotiate and agree on the terms before committing to a guarantee. This can be a more flexible and less expensive option than a performance guarantee, but it doesn't offer the same level of protection.
A performance guarantee, on the other hand, provides a specific level of security by promising that a certain level of performance will be met. This can be a major risk reducer for contractors, as it ensures they'll be paid for their work even if the project is delayed or cancelled.
Documentation and Requirements
To establish a back-to-back letter of credit, you'll need to gather a range of documentation. This typically includes commercial invoices, shipping documents, and the original letter of credit.
The original sales contract is also a crucial document required for the issuance of a back-to-back letter of credit. It's essential to have all paperwork in order to avoid any delays or issues with the transaction.
Transport documents, insurance certificates, and inspection certifications may also be required, depending on the specifics of the transaction.
Documentary Requirements
Establishing a back-to-back letter of credit requires meticulous documentation. This includes the original sales contract and invoices that outline the details of the transaction.
Commercial invoices and shipping documents are typically required for establishing a back-to-back letter of credit. The original letter of credit is also a crucial document.
Any specific paperwork stipulated by the agreement between trading parties must be included. This may include additional documents beyond the standard commercial invoices and shipping documents.
Transport documents, insurance certificates, and inspection certifications are often necessary for both letters of credit.
Terms and Conditions
A back to back LC is issued only at the request of the intermediary, the beneficiary of the principal LC.
To ensure a smooth transaction, all LCs are issued evaluating the creditworthiness of the applicant. This helps to minimize the risk of non-payment.
There should be no disparity in the details such as product descriptions, product quantity, terms and conditions of the trade, etc. in the LCs. This ensures that all parties involved are on the same page.
The value of a back to back LC can be a maximum of 90% of that of the principal LC, with the remaining 10% being the broker's profit margin.
It's a good idea to keep the date of shipping earlier than the date of payment of the principal LC, so the buyer receives the goods before paying for them. However, the bank is not liable for the product quality, only the documents.
The expiry date of back to back LC is always earlier than that of the principal LC.
Frequently Asked Questions
What is the difference between front to back LC and back to back LC?
Front-to-Back LC involves opening a letter of credit to a supplier before receiving payment from the buyer, whereas Back-to-Back LC involves opening a letter of credit to a supplier after receiving payment from the buyer
What is the limit of back to back LC?
The maximum value of a back to back Letter of Credit (LC) is 90% of the principal LC. This leaves a 10% margin for the broker's profit.
Sources
- https://www.lawinsider.com/dictionary/back-to-back-letters-of-credit
- https://www.investopedia.com/terms/b/back-to-back-letters-of-credit.asp
- https://financelygroup.medium.com/back-to-back-letter-of-credit-e1dc7139fd39
- https://thebusinessprofessor.com/mgmt-operations/back-to-back-letters-of-credit-definition
- https://www.dripcapital.com/en-in/resources/finance-guides/back-to-back-letter-of-credit-lc
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