Format
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Demand Bank Guarantee and URDG 758
ICC Uniform Rules for Demand Bank Guarantees
The International Chamber of Commerce, (ICC), is a business organisation representing 45 million members in over 100 countries. Founded in 1919, today headquartered in Paris, the ICC set the rules and standard for global business. These rules are adhered to by all the membership whether they are a major bank or a small shipping company.
URDG 758 figures very prominently in banking circles. This rule was set up specifically for Demand Bank Guarantees and the monetizing process. URDG 758 commands that the format of a demand bank guarantee contains absolute precise and specific verbiage.
The verbiage will inform any lender that they may unreservedly lend against the security of a demand bank guarantee. The lender will be left in no doubt that they are 100% secure. The verbiage also deters any potential litigation as any serious lawyer will advise.
If a borrower fails in their fiduciary duty to repay the lender the lender can claim against the demand bank guarantee. Under its terms and conditions, a demand bank guarantee is payable on FIRST DEMAND. This laid down by ICC Uniform Rules for Demand Guarantees, (URDG 758)
What is SWIFT?
SWIFT is an acronym for Society for Worldwide Interbank Financial Telecommunications. In short it is a highly secure financial messaging system. It used by banks and financial institutions throughout the world.
In order to use SWIFT a company must be a member. Intense due diligence is done on smaller companies as opposed to major banks. There are over 11,000 members in 200 countries.
The SWIFT system is extremely safe. Safeguards in place are authenticated messages plus validation and verification checks on all financial messages. All banks have trained SWIFT operators for both out going and in-coming messages.
All SWIFT messages have special classification which are two letters MT followed by three numbers. For example, a MT 103 is classified as a single customer credit transfer.
Bank instruments such as bank guarantees, standby letters of credit and documentary letters of credit are transmitted and pre-advised using a MT760 and a MT799.
A MT799 is a pre-advice from the provider’s bank to the beneficiary’s bank. The MT799 informs the beneficiary’s bank to expect a bank guarantee, standby letter of credit or documentary letter of credit.
A MT760 is the designated swift message for transmitting bank guarantees, standby letters of credit and documentary letters of credit.
Each message employed by the SWIFT system has a specific designation, and all messages are preceded by MT, (Message Type), and three numbers. To take an example an MT 101 and 102 are designated as cash payments between banks.
SWIFT Message Types
MT 799
This message type is designated as a Free Flow message and is employed as a pre-advice message, where the bank issuing a Bank Guarantee informs the Beneficiary’s bank, (the Receiving Bank), that they can expect to receive a Bank Guarantee in favour of their client. This message type can also be used for a Standby Letter of Credit and a Documentary Letter of Credit.
MT 760
This dedicated message type is designated for sending Bank Guarantees, Letters of Credit and Standby Letters of Credit from one bank to another.