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单词 Letter of credit
释义 信用狀/信用證
In trade financing, it is commonly known as ‘documentary credits’. Any arrangement, however named or described, where by a bank (the issuing bank), acting at the request and on the instruction of a customer (the applicant for the credit) (i) is to make a payment to or to the order of a third party (the beneficiary), or is to pay or accept bills of exchange (drafts) drawn by the beneficiary, or (ii) authorizes another bank to effect such payment or to pay, accept or negotiate such bills or exchange (drafts), against stipulated documents, provided that the terms and conditions of the credit are complied with: The Uniform Customs and Practice for Documentary Credits 1993 (UCP); Ho, Security for Credit Law and Practice in Hong Kong (Butterworths, 1992) pp 98, 99. The documentary credits are important as a security device for international trade. Where a term of a contract provided for the opening of a letter of credit within a certain time in terms satisfactory to the beneficiary, the letter of credit had to be opened within that time and if there were any matters concerning the letter of credit which had to be confirmed by the beneficiary those must have been submitted to the beneficiary within sufficient time to enable the letter of credit to be opened within the stipulated contractual period: Shun Lung Development Ltd v Unidos Systems (Hong Kong) Ltd [1986] HKLY 163. See also Irrevocable credit; Presentment; Standby letter of credit; Uniform Customs and Practice for Documentary Credits 1993.
就貿易融資而言,普遍稱為「跟單信用證」。但無論怎樣稱呼或稱謂,指銀行與客戶之間的安排,即銀行(發證銀行)按照客戶(信貸申請人)的要求及指示,(i)把一筆款項付給一名第三者或其指定人(受益人)付款,或要承兌或解付由受益人開出的匯票(銀票),或(ii)授權另一家銀行支付這一筆款項,或承兌或解付這種匯票(銀票),或授權另一家銀行在單據條款被遵守的條件下,按規定文件議付單據:《1993年跟单信用證統一慣例》;Betty Ho Security for Credit Law and Practice in Hong Kong (1992年, Butterworths)第98及99頁。在國際貿易中,跟單信用證是重要的擔保方法。凡合約條款規定要在某時間內開出為受益人滿意條款的信用證,信用證必須在該規定的時間內開出,假如有任何需要受益人確認的信用證有關事宜,該些事宜必須於足夠時間內呈交受益人,好讓信用證能於合約指定的時間內開出:Shun Lung Development Ltd v Unidos Systems (Hong Kong) Ltd [1986] HKLY 163。另見 Irrevocable credit; Presentment; Standby letter of credit; Uniform Customs and Practice for Documentary Credits 1993。
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更新时间:2025/1/27 2:12:51