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Bank Instruments

[106] 3가지 절차에 따른 선비용 없는 발행조건 (Non-Upfront fee)

by CUSIN 2024. 1. 2.

 

 

 

 

MT760 BUY & SELL PROVIDE INFORMATION without Up Front Fee

 

TYPE ISSUING BANK RATE AMOUNT(MIN/MAX) BUYER Pre-Procedure
A-type SANTANDER BANK,
Deutsche Bank
HSBC, Barclays UK
50%+2% 100M/10B BO 2 BO Reference Call
B-type 50%+2% 100M/10B Pre-Issue RWA or BCL
C-type 50%+2% 100M/10B Pre-Submit ATV with POF

 


 

A-type PROCEDURES

 

This document is accepted ONLY with faculty of DIVISION AND substitution

 

1.    BUYER SUBMITS LOI TOGETHER WITH COMPLIANCE DOCUMENTS:

  CLIENT INFORMATION SHEET
STATEMENT OF NON-SOLICITATION OF FUNDS
RESOLUTION OF THE BOARD OF DIRECTORS
Irrevocable Fee Protection Agreement covering all identified beneficiaries for both sides
clear color copy of the Buyer Signatory’s passport
Certificate of Incorporation

2.      AFTER SUCCESSFUL DUE DILIGENCE, THE SELLER COUNTERSIGNS THE LOI. AND BOTH PARTIES SHALL LODGE THE LOI PACKAGE ON THEIR RESPECTIVE BANKS. THE SIGNED LOI BECOMES A LEGALLY BINDING CONTRACT (DEED OF AGREEMENT) BETWEEN THE PARTIES.

3.      SELLER’S BANK OFFICER WILL HAVE A TT MEETING (TELEPHONE CALL) WITH BUYER’S BANK OFFICER. THE RECEIVER BANK OFFICER WILL CONFIRM THE SENDER ABILITY TO ISSUE A SBLC.AND AT THE SAME TIME, THE SELLER’S BANK OFFICER WILL CONFIRM BUYER’S ABILITY TO RECEIVE AND MAKE PAYMENT.

4.      WITHIN TWO (2) BANKING DAYS AFTER THE MEETING, THE SELLER’S BANK WILL ISSUE A PRE-ADVICE VIA SWIFT MT799 CONFIRMING THAT THE INSTRUMENT WILL BE DELIVERED.

5.      THE BUYER SENDS BANK PAYMENT UNDERTAKING (BPU) VIA SWIFT MT799.

6.      THE SELLER’S BANK DELIVERS THE BG/SBLC VIA SWIFT MT760.

7.      WITHIN THREE (3) BANKING DAYS AFTER RECEIVING THE INSTRUMENT BY SWIFT MT760 THE BUYER’S BANK WILL PAY BY SWIFT MT103 SAME DAY VALUE.

8.    THE BUYER PAYS THREE PERCENT (3%) OF FACE VALUE OF EACH TRANCHE AS COMMISSION TO THE ALL IDENTIFIED BENEFICIARIES FOR BOTH SIDES, AS PER THE RELEVANT IRREVOCABLE FEE PROTECTION AGREEMENT.

9.      THE HARD COPIES OF THE BG TO BE DELIVERED VIA BANK BONDED COURIER TO THE BUYER’S BANK WITHIN SEVEN (7) BANKING DAYS AFTER RECEIPT OF THE FULL PAYMENT BY SELLER’S BANK.                       

10.    ALL SUBSEQUENT TRANCHES WILL BE BASED ON THE SAME PROCEDURE, UNTIL THE AGREED AMOUNT OF THE CONTRACT WILL BE COMPLETED, OR THE COLLATERAL OR FUNDS BECOME EXHAUSTED.

11.    Any Unauthorized Bank Calls or to third any party, Probes Or Communications, Or An Improper Solicitation Or Disclosure Involving Any Of The Banks or third party Concerned In This Transaction Will Result Immediate Cancellation Of This Transaction And Subject The Violating Party To Damages.

 

IMPORTANT: THE SELLER DOES NOT ALLOW ANY CHANGE OR ALTERATION OF THIS LOI TEXT, ALSO THE PROCEDURES AND TERMS STATED HEREIN!

  


B-type PROCEDURES

 

1. CLIENT submits duly sign LOI on Letterhead with full Banking Coordinate with all below compliance documents included:

1.1 Letter of Intent/Contract (LOI)

1.2 Client Information Sheet (CIS)

1.3 CLIENT Signatory and Color Copy of Passport

1.4 CLIENT Certificate of Incorporation (COI)

1.5 Non-Solicitation Statement (NS)

1.6 Corporate Resolution (CR)

1.7 Non-Circumvention and Non-Disclosure Agreement (NCND)  

1.8 Irrevocable Master Fee Protection Agreement (IMFPA)

2. After Successful Due diligence, Provider countersigns the LOI. The Signed LOI becomes Legal Binding Commercial Contract (agreement) between the parties. Both parties shall lodge the agreement with their respective banks.

3. Within two (2) banking days after contract signed by both parties receiver's bank will instruct his bank send out BCL via SWIFT MT199. Provider's bank shall issue SWIFT MT799 PRE ADVISE to client's bank. A copy to the client's email ID.

4. Within Two (2) Banking days, Provider‘s bank shall issue RWA/Pre-Advise by Bank SWIFT MT799 to Receiving Bank. A copy to the CLIENT’s email ID.

5. Within Two (2) Banking days of receipt of the SWIFT MT799 RWA/PRE-ADVISE, CLIENT’s bank shall issue Bank Payment Undertaking (BPU) OF 45%+3% Via MT799 as per and send a copy to Provider’s email ID.

6. Within Two (2) Banking days after Provider’s bank receive and authenticate the Bank Payment Undertaking (BPU) Via SWIFT MT799, Provider’s bank shall issue the SBLC via SWIFT MT760 as per to CLIENT’s bank coordinate and send a copy to CLIENT’s email ID.

7. Within Five (5) banking days upon successful verification and authentication of the SBLC via SWFIT MT760, CLIENT’s bank shall issue Total Payment of 45%+3% as per contract by MT103 unconditional payment to Provider’s designated accounts and agents in the IMFPA. A copy will send to Provider’s email ID.

8. Hard Copy of the instrument will be delivered by Provider’s bank via Bonded Courier to CLIENT’s bank within Seven (7) banking days after receipt of the payment MT103 by Provider’s bank.

 

 


C-type PROCEDURES

 

a)       THE RECEIVER ISSUES FULL CIS INCLUDING FULL BANK COORDINATES, ATV LETTER AND COMPLETE BANK OFFICER INFORMATION DETAILS (INCLUDING BANKER VISITING CARD/OR BUSINESS CARD), AND PASSPORT OF THE AUTHORIZED SIGNATORY OF THE COMPANY THAT WILL SIGN AND SEAL THE DOA FOR COMPLIANCE REVIEW.  

 

b)       UPON COMPLIANCE APPROVAL, THE RECEIVER SIGNED SEPARATE EXCLUSIVE IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA) AND THEREAFTER THE PROVIDER COUNTERSIGNED DOA AND RELEASES THE COUNTERSIGNED AGREEMENT SIGNED BY THE PARTIES.

 

c)       THE PROVIDER SENDS A SWIFT MT199 FROM THEIR BANK TO THE BUYER’S BANK REQUESTING THEM TO RESPOND (PER DOA VERBIAGE/TEXT) VIA MT199 OR SECURE EMAIL ON A BANK TO BANK PROTOCOL BASIS DIRECTLY TO ISSUING BANKS "HSBC LONDON" OR "BARCLAY’S BANK LONDON". PROVIDER AND BUYER SEND COURTESY COPIES OF RESPECTIVE TRANSMISSIONS TO EACH OTHER.

 

d)       WITHIN (2) BANKING DAYS UPON RECEIVING AND CONFIRMING BUYER’S SECURED EMAIL RESPONSE OR MT199, THE PROVIDERS RECEIVING BANK (HSBC OR BARCLAYS BANK LONDON) WILL ISSUE AND SEND SWIFT MT760 SBLC DIRECTLY TO THE BUYER’S RECEIVING BANK.

 

e)       WITHIN (3) BANKING DAYS UPON RECEIVING AND CONFIRMING THE SELLER’S SWIFT MT760 INSTRUMENT, THE BUYER PAYS BY SWIFT MT103 TO THE PROVIDER’S PAYMENT ACCOUNT AND CONSULTANT COMMISSION TO THE DESIGNATED PAYMASTER ACCOUNT AS PER IMFPA.

 

WITHIN FIVE (5) BANKING DAYS AFTER RECEIVING THE PAYMENT, HARD COPY WILL BE SENT TO RECEIVER'S BANK BY BANK-BONDED COURIER.