A Standby Letter of Credit and a Without Recourse Letter of Credit
A Letter of Credit (or L/C) is a financial instrument to assure that payment for goods and services will be received in full and on time. A typical Letter of Credit (L/C) provides that the issuing bank will make payment to a beneficiary (the seller) upon presentation of certain designated documents certifying that the goods or services have been provided, in the stipulated time period and manner. A standby letter of credit (SBLC) is a type of L/C often utilized as a payment of last resort, or a guarantee of payment. A without recourse letter of credit (W/RLC) is a type of standby letter of credit whereby the seller will not enforce the letter of credit even if the issuing bank refuses to pay.
A standby letter of credit is issued by a bank in favor of a beneficiary. The beneficiary of an SBLC, typically in connection with a sales contract, is typically a business, government agency or other person who is expecting payment for goods and services provided. The bank issuing the letter of credit guarantees payment to the beneficiary upon documentation of the services rendered or goods provided. This is usually done through a standby payment agreement or an escrow account.
The Without Recourse Letter of Credit is a variation on the standby letter of credit. When payment is not made in accordance with a standby letter of credit, the beneficiary will typically have the option to collect from the issuing bank. With a WRLC, the beneficiary can only collect from the issuing bank if the bank is willing to pay. Should the issuing bank fail to pay, the beneficiary would normally have no recourse to its supplier.
Advantages
The primary advantage of using a Without Recourse Letter of Credit is that it offers protection to the recipient of the funds. In the event the beneficiary is not able to collect payment from the issuing bank, the beneficiary can still receive the funds it is owed without risking bad debt. Another advantage of a W/RLC is that it can be used to facilitate a complex transaction requiring multiple payments over a given timeline.
Disadvantages
A disadvantage of a Without Recourse Letter of Credit is that it may involve additional costs. As the issuing bank takes on additional risk by issuing a W/RLC, most banks will require a higher fee for the issuance of a W/RLC than for a straightforward standby letter of credit. In addition, the terms of a W/RLC may require the beneficiary to sign an indemnification agreement before the bank agrees to issue the letter of credit. This agreement serves to limit the liability of the issuing bank in case of a default.
Conclusion
A Without Recourse Letter of Credit is a type of financial instrument used to guarantee payment of goods and services. Despite the potential for additional costs, a W/RLC can be a useful tool for businesses to protect themselves from bad debt and facilitate complex transactions.