Thursday, June 23, 2011

Letter Of Credit Sample Format

A written commitment to pay, by a buyer's or importer's bank (called the issuing bank) to the seller's or exporter's bank (called the accepting bank, negotiating bank, or paying bank).

A letter of credit guarantees payment of a specified sum in a specified currency, provided the seller meets precisely-defined conditions and submits the prescribed documents within a fixed time frame. These documents almost always include a clean bill of lading or air waybill, commercial invoice, and certificate of origin. To establish a letter of credit in favor of the seller or exporter (called the beneficiary) the buyer (called the applicant or account party) either pays the specified sum (plus service charges) up front to the issuing bank, or negotiates credit. Letters of credit are formal trade instruments and are used usually where the seller is unwilling to extend credit to the buyer. In effect, a letter of credit substitutes the creditworthiness of a bank for the creditworthiness of the buyer.

Thus, the international banking system acts as an intermediary between far flung exporters and importers. However, the banking system does not take on any responsibility for the quality of goods, genuineness of documents, or any other provision in the contract of sale.

Since the unambiguity of the terminology used in writing a letter of credit is of vital importance, the International Chamber Of Commerce (ICC) has suggested specific terms (called Incoterms) that are now almost universally accepted and used. Unlike a bill of exchange, a letter of credit is a nonnegotiable instrument but may be transferable with the consent of the applicant. Although letters of credit come in numerous types, the two most basic ones are:
(1) Revocable-credit letter of credit and
(2) Irrevocable-credit letter of credit, which comes in two versions
(a) Confirmed irrevocable letter of credit and
(b) Not-confirmed irrevocable letter of credit.

(date line)

Letter of Credit

(name of bank)
(address)
(city, state, zip)
(country)

Sir:

We hereby agree to accept and pay at maturity any
draft or drafts on us, at day's sight, issued by
(name of individual) of your city, to the extent of
(amount of limit) ($ ) Dollars, and negotiated
through your bank.

Most respectfully yours,

.......................
(Signature)

DATED: ......................
....................(ADDRESS)


I hereby guarantee the due acceptance of payment of
any draft issued in pursuance of the above credit.

........................
(SIGNATURE OF GUARANTOR)

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Monday, June 20, 2011

Financial Losers, Bank of America

Regional banks were among the few bright spots. SPDR KBW Regional Banking(KRE_), an exchange traded fund that tracks regional bank stocks, was higher by 0.28%, with all of its top three holdings, East West Bancorp.(EWBC_), Cathay General Bancorp(CATY_) and Signature Bank(SBNY_) all showing gains.

The largest U.S. bank stocks were lower on Monday following lower analyst estimates and PNC Financial(PNC_)'s acquisition of Royal Bank of Canada(RY_)'s U.S. assets for less than tangible book value.

The Financial Select Sector SPDR(XLF_), a widely-followed exchange traded fund that tracks financial stocks, was down .07% to close at $14.88 on lighter-than-average volumes.

The fact that PNC was willing to pay more than BB&T, but still less than tangible book value, was taken as a largely negative sign for U.S. bank stocks, analysts said.

PNC shares fell by 1.96% to $56.66 on more than triple their average volumes as many analysts criticized the deal. They argued RBC's branches, located throughout the southeastern U.S., made little sense from a strategic point of view for PNC, as it will face competition from powerhouses like Bank of America(BAC_) and Wells Fargo(WFC_), not to mention BB&T Corp.(BBT_), which was seen as being in the best position to bid for the RBC assets because its branches overlap significantly with those of the Canadian bank.


Bank of America, JPMorgan Chase(JPM_) and Citigroup(C_) saw shares fall by 0.75%, 0.78% and 0.37% respectively following reduced analyst estimates related to concerns these banks would be forced by international regulators to hold higher capital cushions. Goldman Sachs(GS_) and Morgan Stanley(MS_) also saw their estimates reduced, and shares of those companies fell by 1.52% and 1.93% respectively.


news

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Tuesday, May 3, 2011

Deutsche Bank AG and a mortgage subsidiary

US Sues Deutsche Bank, Mortgage Unit US authorities sued Deutsche Bank AG and a mortgage subsidiary, alleging that they repeatedly lied about the quality of mortgages to be included in a government insurance program, so that they could profit from the resale of those ...

authorities sued Deutsche Bank AG and a mortgage subsidiary, alleging that they repeatedly lied about the quality of mortgages to be included in a government insurance program, so that they could profit from the resale of those mortgages.

The U.S. government expects the FHA program, which is overseen by the Department of Housing and Urban Development, will be required to pay "hundreds of millions of dollars in additional claims" in the months and years ahead, according to the lawsuit. The FHA program has paid more than $386 million in insurance claims and costs as of February as a result of Deutsche Bank and MortgageIT allegedly approving mortgages that didn't qualify for the program, the lawsuit said.

"While Deutsche Bank and MortgageIT profited from the resale of these government-insured mortgages, thousands of American homeowners have faced default and eviction, and the government has paid hundreds of millions of dollars insurance claims," the lawsuit said.

The complaint is seeking triple damages and penalties under the False Claims Act, as well as compensatory and punitive damages.

More than $258 million of the FHA claims and costs paid, so far, arose out of mortgages that defaulted within the first two years, according to the lawsuit. The lawsuit, filed Tuesday in Manhattan federal court, alleges that Deutsche Bank and its MortgageIT unit "recklessly" selected mortgages that violated the rules of the Federal Housing Administration's mortgage-insurance program "in blatant disregard of whether borrowers could make mortgage payments." Those government-insured mortgages were then resold, according to the lawsuit. An additional 7,500 mortgages, totaling more than $888 million in unpaid principal, have defaulted as of February without any claims yet having been paid, according to the lawsuit.

Preet Bharara, the U.S. Attorney in Manhattan, and officials from the HUD are expected to discuss the civil complaint in more detail at a news conference at 1 p.m. Eastern time Tuesday.

Between 1999 and 2009, MortgageIT was a so-called direct-endorsement lender, allowing it to approve FHA insurance for more than 39,000 mortgages totaling more than $5 billion, according to the lawsuit. "We just received the complaint and are reviewing it," a Deutsche Bank spokeswoman said. "We believe the claims against MortgageIT and Deutsche Bank are unreasonable and unfair, and we intend to defend against the action vigorously." About a third of those mortgages—more than 12,500—have defaulted, the lawsuit said.

The lawsuit alleges that Deutsche Bank and MortgageIT repeatedly lied in order to maintain the unit's status as a direct-endorsement lender and failed to implement required quality-control procedures, such as failing to audit MortgageIT's early-payment defaults.

MortgageIT allegedly submitted mortgages that weren't eligible for the FHA insurance program and falsely certified that they had conducted due diligence as required by the program's rules.

Those letters remained unread until MortgageIT hired its first quality-control manager in December 2004, according to the lawsuit.

Deutsche Bank completed its acquisition of MortgageIT in January 2007, in a deal valued at $429 million. Company officials, at the time, said the acquisition in part would provide Deutsche Bank "a steady source of product for distribution into the mortgage-capital markets."

The bank began winding down the unit in 2008. About 90% of the loans at issue were originated before Deutsche Bank owned MortgageIT, which lost its status as a FHA-approved mortgage company in October 2009.

Earlier this year, DB Mortgages, a U.K. unit of Deutsche Bank, was fined £840,000, or about $1.4 million, by the U.K. Financial Services Authority and ordered to pay £1.5 million to customers over alleged irresponsible mortgage lending. The FSA claimed that DB Mortgages breached a series of rules between 2006 and 2008, including applying unfair charges to persons who were behind on their mortgage payments. At one point in 2004, MortgageIT literally stuffed letters from an outside vendor outlining underwriting violations in its FHA-insured mortgages in a closet at its Manhattan headquarters, the lawsuit alleges.In 2007, the Connecticut Department of Banking reached a settlement with MortgageIT for allegedly failing to register at least 48 mortgage originators in violation of state statutes, paying $48,000 to support a nationwide mortgage licensing system.



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