A Letter of Credit (L/C) is one of the safest payment instruments in international trade, replacing the mutual trust between buyer and seller with a bank guarantee. With an L/C, the bank undertakes to pay the seller if they present agreed-upon documentation. However, an L/C is a "Strict Compliance" instrument — even a minor discrepancy in documents can be grounds for refusing payment. In Georgia, where imports and exports constitute a large part of the economy, businesses often face problems due to misinterpretation of L/C terms. This service involves qualified legal assistance in opening L/Cs, checking documents, and resolving disputes to protect the interests of both the importer (applicant) and the exporter (beneficiary).
What Does the Letter of Credit Service Cover?
Our lawyers offer full support in trade finance transactions:
- Drafting L/C Terms: Preparing L/C text aligned with the sales contract to protect the client's interests.
- UCP 600 Consultation: Applying and interpreting International Chamber of Commerce (ICC) rules (UCP 600) for specific transactions.
- Document Checking: Preliminary legal audit of presentation documents (Bill of Lading, Invoice, Certificates) to rule out discrepancies.
- Discrepancy Management: Negotiating and correcting errors if the bank rejects documents.
- Dispute Resolution: Representation in disputes with banks or counterparties, including stopping payment on grounds of "L/C Fraud Exception."
Common Scenarios and Practical Examples
Issues related to Letters of Credit are relevant in the following situations:
- Machinery Import: A Georgian factory buys expensive machinery from China. The buyer wants to pay only after the machinery is loaded onto the ship. An L/C is the ideal solution.
- Wine Export: A Georgian winemaker sends products to the USA and wants a guarantee that the buyer will pay. They request a Confirmed L/C from a reputable bank.
- Documentary Discrepancy: The bank refused payment because the cargo description in the Bill of Lading differed slightly from the L/C text. Urgent legal intervention is needed.
- Standby L/C: Used as an alternative to a bank guarantee to secure the performance of an obligation.
Georgian Legal Framework
Letters of Credit are regulated by the Civil Code of Georgia (Articles 876-885), although in practice, international customs are decisive — specifically, the ICC's "Uniform Customs and Practice for Documentary Credits" (UCP 600). Georgian banks almost always reference UCP 600 in the L/C text, giving it binding force. During court disputes, Georgian courts rely on both national legislation and international practice.
Service Process: What to Expect
The process begins with an analysis of the trade contract. The lawyer advises the client on the optimal L/C structure (transferable, confirmed, revolving). Then, the application for opening the L/C is filled out with the bank. In the case of an exporter, the lawyer helps prepare the document package so the bank cannot find inaccuracies. In case of a dispute, a substantiated claim is prepared against the bank.
Why Choose Legal.ge?
A Letter of Credit is a complex banking product where details are crucial. Legal.ge connects you with trade finance experts who know both banking procedures and international rules. With our help, you will minimize payment risks and ensure the smooth conduct of international trade.
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