How Bank Guarantees Work — And Why Many Are Issued as SBLCs
A bank guarantee is a bank’s promise to pay a beneficiary if the applicant fails to perform or pay. In cross-border deals, many “guarantees” are structured and issued as Standby Letters of Credit (SBLCs). The reason is practical: SBLCs run on a mature letter-of-credit framework, clear through global banks, and follow tested rule sets like ISP98. This page explains the mechanics, compares SBLCs and demand guarantees, and shows how ISP98, URDG 758, and UCP600 shape wording, presentation, and payout.
What are we talking about?
Bank guarantee (on-demand)
An independent undertaking to pay on a compliant demand that cites default under the underlying contract. Often governed by URDG 758 if stated.
Standby Letter of Credit (SBLC)
A letter of credit used as a backstop. If the applicant fails to pay or perform, the beneficiary can draw by presenting the documents stated. Typically governed by ISP98, sometimes UCP600 by choice.
Accessory guarantee (civil-law concept)
A secondary promise that depends on the underlying debt. Not on-demand. Less common in international trade because it invites disputes about the base contract.
Why many guarantees are structured as SBLCs
Operational reality
- SBLCs sit on existing LC platforms, SWIFT formats (e.g., MT760), and bank operations teams that already examine documents.
- Global familiarity with LC autonomy and documentary presentation reduces legal friction at payout.
- Confirmation and discounting options are well established for SBLCs through nominated or confirming banks.
Legal clarity and portability
- ISP98 offers detailed standby-specific rules on presentation, extend-or-pay, transfer, and notice of dishonor.
- Courts in many jurisdictions respect the independence principle and the narrow fraud exception for LCs and standbys.
- Multibank chains are simpler with SBLCs: advising, confirming, and counter-guarantee mechanics are standardized.
Rule sets that change how the instrument behaves
ISP98 (International Standby Practices)
- Designed for standbys. Clear standards for demand content, banks’ examination time, notices, and extend-or-pay.
- Defines transfer, assignment of proceeds, and partial drawings in practical terms.
- Often the best fit for payment, performance, and advance-payment standbys.
URDG 758 (Uniform Rules for Demand Guarantees)
- Purpose-built for demand guarantees. Articulates independence, simple demand content, and examination standards.
- Helpful for bid, performance, and warranty guarantees issued in civil-law markets.
- Works well for direct and indirect guarantees with counter-guarantee chains.
UCP600 (Rules for Documentary Credits)
- Written for commercial LCs that pay for goods, but can govern a standby by choice.
- Fewer standby-specific tools than ISP98. Some banks or beneficiaries prefer UCP600 for familiarity.
Jurisdictional backdrop and market habits
United States
Standbys are standard for “guarantee” needs due to historical banking rules. UCC Article 5 backs LC autonomy with a narrow fraud exception. ISP98 is common.
United Kingdom and Commonwealth
Courts generally uphold on-demand autonomy with limited injunctions. Both SBLCs and demand guarantees are used. URDG 758 and ISP98 are accepted.
EU and civil-law markets
Demand guarantees under URDG 758 are familiar. For cross-border trades, SBLCs under ISP98 are widely accepted by international banks.
SBLC vs demand guarantee: practical differences
| Aspect |
SBLC (usually ISP98) |
Demand guarantee (usually URDG 758) |
| Nature |
Letter of credit used as a backstop; documentary draw |
Independent guarantee; documentary draw with simple demand |
| Presentation |
Demand plus any stated documents (e.g., statement of default) |
Demand plus any stated documents (URDG keeps it simple) |
| Extend-or-pay |
Common and well addressed in ISP98 |
Possible but less standardized than in ISP98 |
| Bank network |
Runs through LC infrastructure, advising, confirmation, discounting |
Direct or indirect with counter-guarantees; also widely accepted |
| When preferred |
US counterparties, trade and leasing, cross-border projects needing confirmation |
Construction bid/performance/warranty in civil-law markets; government formats |
What good wording includes
Must-have elements
- Rule set (ISP98 or URDG 758; UCP600 if parties choose)
- Type and purpose (payment, performance, advance-payment, bid)
- Amount, expiry date and place, extend-or-pay if needed
- Exact demand content and where to present
- Transferability or assignment of proceeds if required
- Charges clause and governing law/jurisdiction seat
Risky wording to avoid
- Vague or bespoke certificates nobody can issue on time
- Demands that require proving the underlying breach
- Conflicting dates for shipment, service, or presentation
- Ambiguous extension mechanics or unclear place of expiry
Direct, indirect, and counter-guarantees
In some countries the beneficiary requires a local bank to issue the instrument. The applicant’s bank then issues a counter-guarantee to the local bank. URDG 758 sets clear rules for these chains. SBLCs can achieve the same through advising and confirmation, often with simpler processing.
Eligibility and costs
Credit and collateral
Banks price on applicant strength, collateral or cash security, issuer name, country risk, tenor, and purpose. Many require security or reimbursement agreements.
Typical charges
Annual commission on the face amount, plus issuance, amendment, confirmation, and advising fees. Legal, courier, and SWIFT costs are common.
Documentation
KYC, financials, underlying contract, preferred wording, and any local format. For construction, expect bid/performance/advance-payment templates.
Where these instruments are used
Trade & supply
Payment standby in lieu of prepayment or open terms.
Construction & EPC
Bid, performance, and advance-payment security.
Real estate
Tenant security in place of cash deposits, completion undertakings.
Leasing & rentals
Standby for rentals or return conditions.
Issuance and lifecycle
- Define purpose, amount, expiry, rule set, and demand content. Align with counterparties and any local bank requirements.
- Submit KYC, financials, contract, and preferred wording. Bank issues terms and fee letters.
- Finalize text. For cross-border risk, consider confirmation by a second bank.
- Issue by SWIFT to the advising/beneficiary bank. Share a copy with the beneficiary and verify receipt.
- Monitor expiry and any extend-or-pay triggers. Amend when contract milestones shift.
- In case of default, beneficiary presents the stated demand. Bank examines documents and pays if compliant.
Frequently asked questions
Is an SBLC the same as a bank guarantee?
They serve the same purpose and behave similarly as independent undertakings. SBLCs are letters of credit governed mostly by ISP98. Demand guarantees are governed by URDG 758 if stated. Both pay against documents, not arguments about the base contract.
When should I choose URDG 758 over ISP98?
If the beneficiary or the law requires a “guarantee” format or a local bank chain with counter-guarantees, URDG 758 fits well. If you want letter-of-credit operations, extend-or-pay clarity, and confirmation options, ISP98 on an SBLC is often cleaner.
Can an SBLC be discounted or confirmed?
Yes. A strong confirming bank can add its own promise to pay, improving payout certainty and enabling discounting against the standby when terms allow.
Does governing law matter if I have ISP98 or URDG 758?
Yes. The rule set governs practice, but governing law and jurisdiction control issues beyond the rules. Choose a seat with predictable treatment of independent undertakings.
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Financely acts as advisor and arranger on a best efforts basis. We are not a bank. All transactions are subject to KYC and AML, sanctions screening, credit approval, legal documentation, and available bank capacity. Nothing here is legal advice, a commitment to lend, or an offer of securities. Terms vary by bank names, jurisdictions, and documentary quality.