Obtaining  of investment funds secured by the bank guarantee or SBLC

Dear Sirs,

 

Let us to start with the characteristics of the so-called “leasing” or “sailing” of bank guarantees and letters of credit – the basis of numerous of fraudulent actions.

 

A simple consultation with bank officers of department of documentary operations of any bank (that you trust) to confirm that in the real banking activities of any rent or sales of bank instruments do not exist.

 

It is not possible either to rent or sell a bank guarantee or standby letter of credit, as these instruments are not the Securities and its using is governed by rules URDG ICC758 (Uniform Rules for Demand Guarantees) and 2007 Revision of Uniform Customs and Practice for Documentary Credits, UCP 600 – (ICC Publication No. 600). A careful analysis of these basic documents leaves no doubt about of the correctness of the above approvals.

 

So, regarding banking instruments (BG / SBLC), we can only talk about the transactions under these collateral instruments that or charged for in the case of contractual obligations are not fulfilled that or the Principal not presented as well returned in case of fulfillment of the obligations.

 

Nevertheless, there exist the third possibility of conditionally to transfer the instrument for temporary using without breaking the banking rules via the Agreements that acceptable for the banks , when we talk about the primordial obligation of the Beneficiary to return the instrument without encumbrance in any case, It is fixed in writing and transmitted by the Beneficiary to the Principal as document WARRANTY OF THE BENEFICIARY or LETTER OF REIMBURSEMENT. At the stage of signing and the execution of the Agreement such a document is confidential because the premature disclosure of this document will makes the Agreement as Pretended. However, after the implementation of all commitments by the Parties, such a document would not allow the Beneficiary to present an instrument for payment and no court can not oblige the bank of the Principal to pay.

 

In our offer we are talking about an actual transfer of the instrument in the using but without breaking the banking regulations. We get a instrument in the management (for temporary using) and are paying for that 15% or 20% or even more, depending on the rating of the issuing bank and the face value of bank instrument (as well not 6%). At the same time the beneficiary’s bank in the answer  SWIFT MT 799  agrees to accept an instrument (RWA) and presented the Bank Payment Undertaking – that exposes the unconditional banking obligation to pay the certain amounts to the accounts approved by Principal. It was only after receiving a response SWIFT MT 799 Principal gives the instructions to his issuing bank to transfer the bank instrument by SWIFT MT 760 to the receiving bank of the Beneficiary.

 

In accordance with the commitments written undertakings (WARRANTY OF THE BENEFICIARY) Beneficiary shall instructs his bank to return the bank Instrument without the encumbrance and presentment for payment in 15 days prior to the expiry date. At the same time the received payment for using an instrument that was made  and indicated in the agreement as the investment funds to finance investment projects of the Principal and our project – NOT REFUNDABLE.

 

Such an agreement is accepted by banks and does not cause problems in financial monitoring.

 

VERBIAGE OF WARRANTY OF THE BENEFICIARY

(To be send by the Beneficiary of the Financial Instrument)

 

ON BENEFICIARY LETTERHEAD

 

WARRANTY OF THE BENEFICIARY

Date:

To:         Applicant’s Name

Attn:      Issuing Bank Name, Issuing Bank Address

Reference:          BG NUMBER:

 

PLACE OF ISSUE:

DATE OF ISSUE:

MATURITY DATE:

CURRENCY:

FACE AMOUNT:

BENEFICIARY NAME:

 

DEAR SIRS,

 

I, SIGNATORY’S NAME, BEARING COUNTRY PASSPORT NO. 00000000 (DATE OF ISSUE:00/00/0000, DATE OF EXPIRY: 00/00/0000), THE DULY AUTHORIZED REPRESENTATIVE FOR AND ON BEHALF OF BENEFICIARY NAME (HEREINAFTER REFERRED AS “THE BENEFICIARY”), DO CONFIRM, ATTEST AND WARRANTS WITH FULL CORPORATE AND LEGAL RESPONSIBILITY AND UNDER THE PENALTY OF PERJURY OF LAW THAT:

 

  1. THE ABOVEMENTIONED FINANCIAL INSTRUMENT WILL NOT BE SOLD OR TRADED IN THE CAPITAL MARKETS OR DISCOUNTED FOR ANY OTHER PURPOSE; AND
  2. THE ABOVEMENTIONED FINANCIAL INSTRUMENT WILL ONLY BE USED AS COLLATERAL AND FOR CREDIT ENHANCEMENT PURPOSES; AND

 

  1. THE ABOVEMENTIONED FINANCIAL INSTRUMENT WILL BE RETURNED BY SWIFT TO THE ISSUING BANK NAME, LOCATED AT ADDRESS ISSUING BANK ADDRESS NOT LATER THAN 15(FIFTEEN) DAYS BEFORE ITS MATURITY DATE UNENCUMBERED, FREE AND CLEAR OF ANY LIENS, OBLIGATIONS, ENCUMBRANCES AND CLAIMS OF ANY NATURE NOW OR HEREAFTER.

 

  1. THE ORINAL HARD COPY FRONT AND BACK OF THE BANK GUARANTEE WILL BE RETURNED TO THE PROVIDER FOR HIS ISSUING BANK PER BANK BONDED COURIER WITH FULL FACE VALUE AND FREE OF ALL LIENS AND ENCUMBRANCES BEFORE MATURITY.

THIS WARRANTY IS IRREVOCABLE, DIVISIBLE AND TRANSFERABLE WITHOUT PRESENTATION TO US.

 

THIS WARRANTY OF FINAL BENEFICIARY IS ISSUED WITH FULL CORPORATE AND INDIVIDUAL RESPONSIBILITY; THEREFORE ANY BREACH OF THIS WARRANTY OF FINAL BENEFICIARY MAY RESULT IN CIVIL AND / OR CRIMINAL PROSECUTION.

 

AGREED AND ACCEPTED BY THE BENEFICIARY: BENEFICIARY’S NAME

I AFFIX MY SIGNATURES TO THIS DOCUMENT AS MY FREE ACT AND DEED AND THAT OF MY COMPANY._____________________

 

Authorized Signatory                     Corporate seal

Printed Name:

Title:

Passport No.:

Date of Issue:

Country of Issue:

 

 

OBTAINING OF FUNDS SECURED BY THE BANK GUARANTEE/SBLC

 

Regarding bank instruments of European (also USA, Canada) Hong Kong, Singapore) issuing banks B+ – AAA rated (including instruments of Russian, Kazakh, Azerbaijani, Iranian and Arab banks).

The company ORIENTAL WEALTH MANAGEMENT CO, LIMITED offers cooperation to attract financing in your investment projects on the principles of partnership under the following conditions:

 

We (ORIENTAL WEALTH MANAGEMENT CO., LIMITED) must establish the direct contact (this is an indispensable condition for further work) with the management of successfully acting company, that have the financial capacity to issue the Bank Guarantee of acceptable European (also USA, Canada) Hong Kong, Singapore) banks with a rating not lower than «А+» by assess of the credit rating agencies Standard & Poor ‘s (S & P) , Moody ‘s or the Group of Fitch, secured by own or borrowed funds to use it as a collateral instrument to obtain the funds for the financing of the investment project.

 

Bank guarantee must be issued on the basis of blocked funds of Principal / provider, i.e. be “FULLY CASH BACKED” (which necessarily will be fixed by the receiving Bank through (test Key Code) authentication procedure).

 

For the execution of the planned transaction on obtaining of non-returnable funds secured by the Bank Guarantee (BG) or unconditional standby letter of credit (SBLC) of acceptable issuing bank, is used AGREEMENT OF FINANCIAL COOPERATION AND PARTNERSHIP FOR PROJECTS FUNDING agreed by the Financing Party.

 

The Director of the Principal company  are requested to complete, initial and sign The AGREEMENT OF FINANCIAL COOPERATION AND PARTNERSHIP FOR PROJECTS FUNDING in electronic form with company ORIENTAL WEALTH MANAGEMENT CO., LIMITED

 

We are fully prepared to ensure the provision of non-credit (non-recourse) investment funds secured by bank guarantees of highly rated banks (ААА) with returning of bank guarantees without encumbrances  in 15 days prior to the expiry date with an LTV of 42%.

 

For decision of Principal this payment can be guaranteed and  implemented by the Beneficiary bank directly to the any accounts at the discretion of the Principal and coordination with the issuing bank that will be recorded in the SWIFT MT 799 Bank Payment Undertaking, including the bank accounts of third parties.

 

BANK INSTRUMENT

 

Instrument Type:            BANK GUARANTEE (BG), FULLY CASH BACKED

Format:               URDG 758 OF ICC

Total Face Value:             FIVE HUNDRED MILLION EUROS (€500,000,000.00)

First Tranche:    ___0 000 000.00 (___ HUNDERED FIFTY MILLIONS) EURO

Currency:            EUROPEAN COMMUNITY CURRENCY (EURO)

AGE (TERM)        NEWLY ISSUED; (ONE (1) YEAR AND ONE (1) DAY)

Issuing Bank address

SWIFT Code/BIC

 

 

The Chinese side may offer other coordinates of one of their companies as beneficiary, depending on the time of our readiness for the implementation of the transaction.

 

THE RECEIVING BANKS (will be presented In Agreement)

 

For your information, we report of our readiness  to accept the bank guarantees of banks, that  rating is significantly lower than “AAA”, including instruments of Russian, Kazakh, Azerbaijani, Iranian and Arab banks.

 

In this case, we are also fully prepared to ensure the provision of non-credit (unrecoverable) investment funds secured by bank guarantees of banks the specified countries with returning of bank guarantees without encumbrance for 15 days before the expiry of their validity with an LTV of 20%.

 

TRANSACTION PROCEDURE:

 

To start all the procedures we need to receive from the Principal of a bank guarantee (from the issuing bank) BANK CAPABILITY AND RWA LETTER or SOFT CORPORATE OFFER about readiness to issue bank guarantee and then to sign the AGREEMENT OF FINANCIAL COOPERATION AND PARTNERSHIP FOR PROJECTS FUNDING.

 

 

ON BANK LETTERHEAD

(To be send by the Issuing Bank)

 

BANK CAPABILITY AND RWA LETTER

DATE:

TO: PRINCIPAL/APPLICANT NAME (PARTY 1)

REFERENCE:       BANK GUARANTEE IN THE AMOUNT OF € ___0,000,000.00

 

WE, ____BANK, LOCATED AT: ______ HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT WE ARE READY, WILLING AND ABLE TO ISSUE A FULLY CASH BACKED BANK GUARANTEE IN THE LAWFUL EUROPEAN UNION CURRENCY WITH A FACE VALUE OF ____ HUNDERED MILLION EURO (€____0,000,000.00).

THESE FUNDS TO THE BEST OF OUR KNOWLEDGE ARE CLEAN, CLEAR, FREE OF ANY LEVY, LIENS, OR ENCUMBRANCE AND THE RULE OF FULL-DISCLOSURE HAS BEEN ESTABLISHED THAT SUCH FUNDS WERE LEGALLY OBTAINED FROM NON-CRIMINAL BUSINESS ACTIVITIES.

 

WE FURTHER CONFIRM, AS PER INSTRUCTIONS OF OUR CLIENT ____ OF THIS BANK GUARANTEE, THAT WE WILL IRREVOCABLY RESERVE, BLOCK, ASSIGN AND SEND VIA SWIFT MT760 THE AFOREMENTIONED BANK GUARANTEE IN FAVOR OF THE BENEFICIARY THE COMPANY ORIENTAL XXXXXX CO., LIMITED,  CEO  MR.. ALEXANDROS XXXX , PASSPORT № _____, ISSUED BY UNITED KINGDOM UPON FIRST REQUEST, FOR A PERIOD OF ONE (1) YEAR AND ONE MONTH (1) FROM THE DATE OF ISSUE OF THE MT760.

WE FURTHER CONFIRM THAT WE WILL SEND TO OUR CLIENT AND TO THE RECEIVERS BANK OFFICER AND TO THE BENEFICIARY THE COPY OF THE SWIFT MT760 AND THE COPY OF THE ASNWERBACK RECEIVED BY US FROM THE RECEIVING BANK IMMEDIATELY UPON THE SWIFT MT760 HAS BEEN SENT BY US.

 

THIS BANK GUARANTEE  MAY BE VERIFIED THROUGH THE FOLLOWING COORDINATES:

BANK NAME: _____ BANK CORPORATION

BANK ADDRESS: ___

ACCOUNT NUMBER:

ACCOUNT NAME: ____

TELEPHONE NUMBER:

SWIFT CODE: ____

BANK OFFICER:

EMAIL OFFICER:

TEL/FAX NO:

YOURS SINCERELY,

____________________________                                        _______________________

Authorized Signature                                   Authorized Signature

Name:  (Bank Officer’s Name)                   Name: (Bank Officer’s Name)

Title:                                                                 Title:

Bank Department :                                       Bank Department :

PIN CODE Number :                                     PIN CODE Number :

BANK SEAL

 

 

VERBIAGE OF SOFT CORPORATE OFFER

 

 

COMPANY LETTERHEAD

Company number ______

Registered office address:____

Correspondence address: _____

E-mail:____, Phone Direct:____; Mob.:____, Skype:____, Viber:____

 

SOFT CORPORATE OFFER

 

0___.__.2017    No.: _____                                                                           Offer valid till _____ 01, 2017

 

TO: ORIENTAL XXXXXXX  CO., LIMITED

Registration Number: XXXXX, Date of registration: 04-10-2010, Hong Kong

Registered Address: UNIT 704, 7/F Bright way tower 33 Mong Kok Road, Hong Kong;

Tel: +85281209434, +41435085193; +447539248670, +37259593529;

E-mail: icc758@gmail.com   ,  info@icc758.com

CEO – Mr. ALEXANDROS XXXX

 

From:

Company number

Registered office address:

Correspondence address:

 

SOFT CORPORATE OFFER

 

Dear Sirs,

Please accept our SOFT CORPORATE OFFER, made under our full corporate responsibility,

we, (company ________), hereby confirm with full corporate, legal and financial authority and under penalty of perjury, that we are ready, willing and able to issue Bank Guarantee under the following terms and conditions:

 

Bank  Instrument

Face Value

Issuing Bank Name

Bank address

SWIFT/BIC

Account Name

Account number

Account  Signatory 1

Account  Signatory 2

Bank officer 1

Bank Phone

E-mail

Bank officer 2

Bank Phone

E-mail

 

Delivery

Date of issue / Date of will be issue

Date of expiry

 

Principal / Applicant (Full Name of Corporation)

Principal Registered Address

Principal Post Address

Date of Incorporation

Incorporated in (City/State/Country)

Registration Number

 

Represented By Board of Directors (Name & Title)

Nationality

Passport Number

Date of Issue

Date of Expiry

Authority of Issue

Telephone Number (lend line)

Mobile Number (Direct)

Email Address (Direct)

Skype/Viber (Direct)

 

We are ready, willing and able to issue RWA letter from Issuing Bank not later than November__, 2016.

 

Company:

CEO Mr. ____    ________________________

Passport No.: ______

Date of issue: _____

Expiry Date: _____

Country of issuance: ___                                                                                  Stamp of Company

 

 

Agreed: Bank officer:_________

Pin Code:_____________________

Bank Phone: _________________

E-mail: ______________________

 

Bank Stamp

 

 

VERBIAGE OF AUTHORIZATION TO VERIFY AND AUTHENTICATE

COMPANY LETTERHEAD

 

AUTHORIZATION TO VERIFY AND AUTHENTICATE

 

Date:     Monday, 30 January 2017

To: ORIENTAL XXXXXXX  CO., LIMITED

Registration Number: XXXXXX, Date of registration: 04-10-2010, Hong Kong

Registered Address: UNIT 704, 7/F Bright way tower 33 Mong Kok Road, Hong Kong;

Tel: +85281209434, +41435085193; +447539248670, +37259593529;

E-mail: icc758@gmail.com   ,  info@icc758.com

CEO – Mr. ALEXANDROS XXXXXX

 

TRANSACTION CODE:

 

I, <Name>, holder of <Country>Passport Number <Number>,  give notice that you have permission and specific authorization to confirm and authenticate this RWA letter No.:___ Date ___ regarding of readiness  to issue the Bank Guarantee with Face value _00,000,000.00 Euro (___Million Euro) that was issued by the <Bank Name>, located at <Bank Address>  is  currently available at the bank coordinate identified below:

 

Bank Name        :

Bank Address     :

Total Amount     :

Bank SWIFT Code            :

Telephone No.  :

Fax No. :

Bank Officer 1   :

Bank Officer 2:  :

Account Number             :

IBAN Number     :

Account Holder :

Account Signatories        :

In Faith,

 

__________________________

Name:   <Name>

Passport No: <Passport No>

Country of Issue: <Country>

 

 

After the signing of the Agreement the Issuing Bank, issues RWA via SWIFT  MT799 PRE ADVICE to the account of Beneficiary designated by us to the Beneficiary bank.

 

Within three banking days upon the Beneficiary’s bank receipt of bank RWA MT799 PRE ADVICE from PARTY 1’s issuing bank_____, the Beneficiary bank______, will issue SWIFT MT799 Bank Payment Undertaking to the Principal bank account in Issuing bank for the total amount of investment funds with the designation of bank accounts of the recipients of funds.

 

Within two  banking days upon the bank receipt and confirmation of SWIFT MT799 Bank Payment Undertaking, the issuing bank to transmit Bank Guarantee via authentic Swift MT760 to the Beneficiary’s Bank.

 

After obtaining the bank guarantee for the SWIFT MT760 and its satisfactory verification and authentication of the Beneficiary Bank within seven banking days will carry out international payments via SWIFT MT103 Wire Transfer to the specified bank account in accordance with the Agreement.

 

Within next seven  international banking days after the parties receive the payment in accordance with present Agreement, the hard copy of Bank Guarantee will be delivered via a bank bonded courier to the Beneficiary’s Bank.

 

Bank of Beneficiary will return the bank instrument without presenting and without encumbrances to the issuing bank for fifteen (15) business days before the date of expiry.

 

OTHER ITEMS

 

An important aspect of the proposed transaction is a mutual trust between us, because any attempt to circumvent each other or  entering  to have direct access to our Chinese partners are not bring the desired result and will be negatively perceived by the Beneficiary side.

 

 

The proposed scheme of receiving the non-recourse but the real financial resources secured by bank guarantees that be returned without presenting for payment and without encumbrance, actually is  the legal mechanism of transmission of the bank instrument in the management of the Chinese beneficiary and received cash are the payment for using it within a specified period.

 

bank-guarantee-oriental-wealth-management-company-360

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *