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Bank Guarantees and Letters of Credit: Key Features for Indian Businesses

Bank Guarantees and Letters of Credit: Key Features for Indian Businesses

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Bank Guarantees and Letters of Credit: Key Features for Indian Businesses

 

What Are Bank Guarantees (BGs)?

A Bank Guarantee is a promise made by a bank to cover a financial or performance obligation of its client (the applicant) if they fail to meet their commitment to a third party (the beneficiary).

Common Uses of BGs:

  • Security in trade contracts.
  • Performance guarantees in government tenders and large projects.
  • Advance payment guarantees for pre-payment protection.

Key Features:

  • Types of BGs:
    • Financial Guarantees: Protect against payment defaults.
    • Performance Guarantees: Ensure contract obligations are met.
    • Bid Bond Guarantees: Secure commitments during tender processes.
    • Advance Payment Guarantees: Protect funds advanced to the applicant.
  • Parties Involved: Applicant, Beneficiary, and Issuing Bank.
  • Validity Period: Fixed validity period; failure to renew nullifies the guarantee.
  • Claim Process: Claims require proper documentation in case of non-performance.

What Are Letters of Credit (LCs)?

A Letter of Credit is a financial instrument issued by a bank guaranteeing payment to a seller upon fulfilling specific terms, such as delivering goods or services as per the agreed contract.

Common Uses of LCs:

  • Ensuring secure payments in international trade.
  • Bridging trust gaps in domestic trade.

Key Features:

  • Types of LCs: Revocable vs. Irrevocable, Confirmed LC, Sight LC vs. Usance LC.
  • Process Flow: Applicant requests LC issuance → Issuing Bank issues LC → Beneficiary fulfills conditions → Advising/Negotiating Bank facilitates payment.
  • Risk Mitigation: Sellers receive payment even if the buyer defaults.

Key Differences Between BGs and LCs

FeatureBank Guarantee (BG)Letter of Credit (LC)
PurposeGuarantees performance or financial obligationGuarantees payment upon conditions met
Payment MechanismOnly triggered in case of defaultPayment assured upon fulfilling terms
Use CasesContract performance, tendersTrade transactions

Advantages of BGs and LCs

  • For Businesses: Mitigate risks, enhance credibility, and facilitate trade.
  • For Banks: Generate fee-based income and strengthen customer relationships.

Challenges and Risks

  • Bank Guarantees: High collateral requirements, risk of fraudulent claims.
  • Letters of Credit: Discrepancies in documents and complexity for smaller exporters.
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