Examples

    Surety bonds are an important financial tool that offer assurance and protection to many businesses and individuals. They are commonly used in the United States to guarantee payment of taxes, payment of contractors, and other financial transactions. This lesson will explore the different uses of surety bonds...the common situations in which surety bonds are required, and the advantages surety bonds can provide those who use them.


    Surety bonds are a type of financial security that are given to one party (the obligee) by another (the principal) to guarantee that the principal will meet certain financial obligations as agreed upon in a contract. In the case that the principal does not meet their expectations, the obligee can place a claim on the surety bond for the damage or loss incurred. The surety bond is then used to completely or partially fulfill the agreed upon obligations. Surety bonds provide the obligee with a level of protection and assurance that the principal party's obligations will be met. Surety bonds are an increasingly popular way to replace a traditional bond policy or to otherwise guarantee an agreed-upon sum of money. 


    These instruments can be detrimental in a variety of ways; for instance, they can be costly for the bond issuer and require a complex process that may cause delays in transactions. Surety bonds also can create a situation where the guarantor is responsible for the risk of losses, which in extreme cases may include liability for various damages and legal fees. Furthermore, the law that governs surety bonds is complex and varies from state to state, adding an extra layer of difficulty when dealing with surety bonds. In conclusion, though surety bonds are often necessary for the progress of business, the risks and complexity associated with these financial instruments can be influencial.


    In conclusion, surety bonds are a great form of risk mitigation used between two parties to protect against contractual obligations and acts of legal wrongdoings. Surety bonds provide financial support and assurance to protect against any risks or losses that may be incurred. While they are not a replacement for a full insurance policy, they can be used to ensure that specific obligations are honored when a contract is in place.


    Hazard, Shelley H., et al. Management: A Strategic Approach. 8th ed., McGraw-Hill Education, 2016.


    McGovern, Peter. "Surety Bonding: What to Know." Forbes, Forbes Magazine, 2 Mar. 2020, https://www.forbes.com/sites/forbesfinancecouncil/2020/03/02/surety-bonding-what-to-know/#56d87f37401b.


    Kelly, Martin. Surety Bond Basics for Your Business. NerdWallet, NerdWallet, 22 May 2020, https://www.nerdwallet.com/article/small-business/surety-bond-basics.

    Matthews, Dylan. What Are Surety Bonds & How Do They Work? learnbonds.com, 20 May 2020, https://learnbonds.com/surety-bonds/.


    Investopedia. (2017). Surety Bond. Retrieved 24 November 2020, from https://www.investopedia.com/terms/s/surety-bond.asp


    Deans, D. (2017). Everything You Need to Know About Surety Bonds. Retrieved 24 November 2020, from https://fitsmallbusiness.com/surety-bonds-everything-you-need-to-know/


    Portman, R. (n.d.). Surety Bond Definition. Retrieved 24 November 2020, from https://www.investors.com/glossary/surety-bond/


    Breakdown

    A Standby Letter of Credit (SBLC) is a financial instrument issued by a bank that serves as a guarantee of payment for a specific transaction or obligation. Here is an example of the details of an SBLC bank instrument, including its costs and structure:


    1. SBLC Amount: $10,000,000 USD
    2. Issuing Bank: ABC Bank
    3. Beneficiary: XYZ Company
    4. Expiry Date: 12 months from the date of issuance
    5. Purpose: To serve as a guarantee of payment for a specific transaction or obligation between XYZ Company and its counterparty

    .

    The cost of issuing an SBLC may vary depending on several factors, such as the issuing bank's fees, the creditworthiness of the applicant, and the amount of the SBLC. Typically, the cost of an SBLC may include the following:


    1. Issuing fees: These are the fees charged by the issuing bank for issuing the SBLC. The fees may vary depending on the amount of the SBLC, the duration, and the risk involved.
    2. Confirmation fees: These are the fees charged by the confirming bank, which is the bank that adds its own guarantee to the SBLC. This provides an additional layer of security for the beneficiary.
    3. Swift fees: These are the fees charged for the transmission of the SBLC via the Society for Worldwide Interbank Financial Telecommunication (SWIFT) network.
    4. Commission fees: These are the fees charged by intermediaries involved in the transaction, such as brokers or agents.


    The structure of an SBLC may also vary depending on the specific terms and conditions of the instrument. However, in general, the structure of an SBLC may include the following:


    1. The applicant requests an SBLC from the issuing bank, specifying the amount, the beneficiary, the purpose, and the expiry date.
    2. The issuing bank issues the SBLC and sends it to the beneficiary.
    3. The beneficiary presents the SBLC to its counterparty as a guarantee of payment for the specific transaction or obligation.
    4. If the counterparty fails to fulfill its obligation, the beneficiary can draw on the SBLC and receive payment from the issuing bank.
    5. The issuing bank then seeks reimbursement from the counterparty for the amount paid to the beneficiary.


    Here are some additional details that an investor should know about SBLCs:


    1. Collateral: An SBLC may require collateral, which serves as security for the issuing bank in case the applicant defaults on the obligation. The type and amount of collateral may vary depending on the issuing bank's policies and the applicant's creditworthiness.
    2. Risk: An SBLC is a guarantee of payment, not a loan, which means that the applicant is not receiving any funds from the issuing bank. However, the applicant is still responsible for repaying the bank if the beneficiary draws on the SBLC. The investor should carefully evaluate the risk involved in the transaction and make sure that the applicant has the financial resources to repay the bank if needed.
    3. Terms and Conditions: The terms and conditions of an SBLC may include various clauses, such as the governing law, jurisdiction, and dispute resolution mechanism. The investor should review the terms and conditions carefully and seek legal advice if necessary.
    4. Validity: An SBLC is valid only for a specific period, usually between 6 and 12 months. The investor should ensure that the SBLC is still valid before entering into a transaction or accepting it as a guarantee.
    5. Counterparty Risk: The investor should also evaluate the creditworthiness of the beneficiary and the counterparty in the transaction. If the counterparty is unable to fulfill its obligation, the beneficiary may draw on the SBLC, and the investor may incur losses.
    6. Liquidity: An SBLC may not be easily tradable or convertible into cash. The investor should consider the liquidity of the SBLC and the market conditions before investing in it.



    Profit

    The profit from creating an SBLC typically works in the following ways:


    1. Issuing fees: When a bank issues an SBLC, it charges an issuing fee, which is a percentage of the SBLC's face value. The issuing fee varies from bank to bank and may depend on the creditworthiness of the applicant, the duration of the SBLC, and the risk involved. The issuing fee is the primary source of profit for the issuing bank.
    2. Confirmation fees: If the beneficiary requests that the SBLC be confirmed by another bank, the confirming bank may charge a confirmation fee. The confirmation fee is typically a percentage of the SBLC's face value and may be shared between the issuing bank and the confirming bank. The confirmation fee is a source of profit for the confirming bank.
    3. Spread: The spread is the difference between the interest rate paid by the issuing bank to its depositors and the interest rate charged to the applicant for the SBLC. The spread is a source of profit for the issuing bank and is typically small compared to the issuing fee.
    4. Commission fees: If the SBLC is issued through a broker or an intermediary, the broker or intermediary may charge a commission fee. The commission fee is typically a percentage of the SBLC's face value and is a source of profit for the broker or intermediary.
    5. Collateral: If the SBLC requires collateral, the issuing bank may earn interest on the collateral during the SBLC's validity period. The interest earned on the collateral is a source of profit for the issuing bank.
    6. Reimbursement: If the beneficiary draws on the SBLC, the issuing bank may seek reimbursement from the applicant. The reimbursement amount may include the face value of the SBLC plus any interest, fees, or expenses incurred by the bank. If the applicant fails to reimburse the bank, the bank may take legal action to recover the amount. The reimbursement amount is a source of profit for the issuing bank.


    • Issuing Fees

    The issuing fees for an SBLC vary depending on the issuing bank's policies, the creditworthiness of the applicant, the duration of the SBLC, and the risk involved. Here is an example breakdown of the issuing fees for a $1 million SBLC with a validity period of one year:


    1. Application fee: Some banks may charge an application fee, which is a non-refundable fee for processing the SBLC application. The application fee may range from $500 to $2,000 or more, depending on the bank. In this example, let's assume that the application fee is $1,000.
    2. Issuing fee: The issuing fee is the primary source of profit for the issuing bank. It is typically a percentage of the SBLC's face value and may range from 1% to 10% or more, depending on the bank's policies, the creditworthiness of the applicant, and the risk involved. In this example, let's assume that the issuing fee is 3%, which amounts to $30,000.
    3. Swift fees: The SBLC is typically sent to the beneficiary through the Society for Worldwide Interbank Financial Telecommunication (SWIFT) network, which incurs a fee. The swift fee may range from $50 to $500 or more, depending on the bank and the destination country. In this example, let's assume that the swift fee is $100.
    4. Amendment fees: If the applicant requests to amend the terms of the SBLC, the issuing bank may charge an amendment fee. The amendment fee may range from $250 to $1,000 or more, depending on the bank and the complexity of the amendment. In this example, let's assume that the amendment fee is $500.
    5. Other fees: The issuing bank may charge other fees, such as legal fees, notary fees, or courier fees, depending on the bank's policies and the transaction's complexity. In this example, let's assume that the other fees are $1,000.


    Therefore, the total issuing fees for this example SBLC would be:


    Application fee: $1,000

    Issuing fee: $30,000

    Swift fee: $100

    Amendment fee: $500

    Other fees: $1,000

    Total: $32,600


    It's important to note that the actual fees may vary depending on the bank's policies and the transaction's specifics. Therefore, it's essential to consult with the issuing bank to get an accurate estimate of the fees involved.


    • Confirmation Fee

    Confirmation fees are not always applicable and are only charged when the beneficiary requests that the SBLC be confirmed by another bank. The confirmation fee is typically a percentage of the SBLC's face value and may be shared between the issuing bank and the confirming bank. Here's an example breakdown of the confirmation fees for a $1 million SBLC confirmed by a second bank:


    1. Issuing fee: The issuing bank may charge an additional issuing fee for confirming the SBLC. This fee is typically lower than the original issuing fee and may range from 0.5% to 2% or more, depending on the bank's policies and the risk involved. In this example, let's assume that the issuing fee for confirming the SBLC is 1%, which amounts to $10,000.
    2. Confirmation fee: The confirming bank may charge a confirmation fee, which is typically a percentage of the SBLC's face value. The confirmation fee may range from 0.1% to 1% or more, depending on the bank and the risk involved. In this example, let's assume that the confirmation fee is 0.5%, which amounts to $5,000.
    3. Sharing of fees: The issuing bank and the confirming bank may share the confirmation fee. The sharing ratio may depend on the negotiation between the banks and may vary from 50:50 to 80:20 or more, depending on the banks' policies and the risk involved. In this example, let's assume that the sharing ratio is 70:30, with the issuing bank receiving 70% of the confirmation fee and the confirming bank receiving 30% of the confirmation fee. Therefore, the issuing bank would receive $3,500, and the confirming bank would receive $1,500.


    Therefore, the total confirmation fees for this example SBLC would be:


    Issuing fee: $10,000

    Confirmation fee: $5,000

    Sharing of fees: $3,500 (for the issuing bank) and $1,500 (for the confirming bank)

    Total: $15,000


    It's important to note that the actual fees may vary depending on the banks' policies and the transaction's specifics. Therefore, it's essential to consult with the issuing bank and the confirming bank to get an accurate estimate of the fees involved.


    • Spread

    It's important to note that an SBLC is not a tradable instrument, and therefore, the concept of profit made from the spread does not apply. However, in the context of SBLCs, the term "spread" may refer to the difference between the cost of obtaining the SBLC and the revenue generated by using it. Here's an example to illustrate this:


    Let's say that a company needs an SBLC for $1 million to secure a contract with a client. The issuing bank charges an issuing fee of 1% of the SBLC's face value, which amounts to $10,000. The company may also have to pay other fees, such as arrangement fees, administrative fees, and legal fees, which may add up to another $5,000.


    Once the company obtains the SBLC, it can present it to the client as proof of its ability to fulfill the contract's terms. In exchange, the client may pay the company an advance payment of $500,000 or a percentage of the contract's value, which generates revenue for the company.


    Assuming that the company receives an advance payment of $500,000 and completes the contract successfully, it may earn a profit of $495,000 ($500,000 advance payment minus $10,000 issuing fee, $5,000 other fees). This represents a spread of 49.5% ($495,000 profit divided by $1 million SBLC face value).


    It's important to note that the actual profit and spread may vary depending on the transaction's specifics, such as the cost of obtaining the SBLC, the revenue generated by using it, and the company's expenses and risks. Therefore, it's essential to evaluate the transaction's costs and benefits carefully before obtaining an SBLC.


    • Commission Fees
    • Collateral
    • Reimbursement

    Commission fees are typically paid to intermediaries who facilitate a transaction, such as brokers, agents, or consultants. In the context of SBLCs, commission fees may be paid to brokers or consultants who help the client find an issuing bank or arrange the SBLC transaction. Here's an example of commission fees for a $1 million SBLC:


    1. Issuing fee: The issuing bank may charge an issuing fee for issuing the SBLC. This fee is typically a percentage of the SBLC's face value and may range from 1% to 10% or more, depending on the bank's policies and the risk involved. In this example, let's assume that the issuing fee is 2%, which amounts to $20,000.
    2. Commission fee: The client may engage a broker or consultant to help them find an issuing bank or arrange the SBLC transaction. The commission fee may be a percentage of the SBLC's face value or a flat fee and may range from 0.5% to 5% or more, depending on the broker's or consultant's services and expertise. In this example, let's assume that the commission fee is 1%, which amounts to $10,000.
    3. Sharing of fees: The client and the broker or consultant may agree on the sharing of fees. The sharing ratio may depend on the negotiation between the parties and may vary from 50:50 to 80:20 or more, depending on the services provided and the risk involved. In this example, let's assume that the sharing ratio is 60:40, with the client receiving 60% of the commission fee and the broker or consultant receiving 40% of the commission fee. Therefore, the client would receive $6,000, and the broker or consultant would receive $4,000.


    Therefore, the total fees for this example SBLC would be:


    Issuing fee: $20,000

    Commission fee: $10,000

    Sharing of fees: $6,000 (for the client) and $4,000 (for the broker or consultant)

    Total: $30,000


    It's important to note that the actual fees may vary depending on the services provided, the negotiation between the parties, and the transaction's specifics. Therefore, it's essential to consult with the issuing bank and the broker or consultant to get an accurate estimate of the fees involved.


    An SBLC can be used as collateral to obtain financing or credit facilities from lenders. Here's an example of how a company could generate profits from collateral using an SBLC:


    Let's say that a company needs to borrow $1 million to finance its expansion plans. The company has an SBLC for $2 million, which it obtained by paying an issuing fee of 1.5% of the SBLC's face value, or $30,000. The SBLC has a validity period of one year and can be renewed upon expiry.


    The company can use the SBLC as collateral to obtain a loan or credit facility from a lender. The lender may offer a credit line of up to 80% of the SBLC's face value, which amounts to $1.6 million in this case. The lender may charge an interest rate of 8% per annum on the loan, which amounts to $128,000 per year.

    

    Assuming that the company borrows $1 million from the lender and uses it to finance its expansion plans, it may generate revenue from the expansion, such as increased sales or profits. The company can use the revenue to pay back the loan and interest charges.


    If the company's revenue exceeds the loan and interest charges, it may generate a profit. For example, if the company generates $1.5 million in revenue and incurs $800,000 in expenses, it may generate a profit of $700,000. Assuming that the interest charges for the loan are $128,000, the company's net profit would be $572,000 ($700,000 revenue - $800,000 expenses - $128,000 interest charges).


    In this case, the company would have made a profit of $542,000 ($572,000 net profit - $30,000 issuing fee) by using the SBLC as collateral to obtain financing. This represents a return on investment (ROI) of 1806.7% ($542,000 profit divided by $30,000 issuing fee).


    It's important to note that the actual profit and ROI may vary depending on the transaction's specifics, such as the cost of obtaining the SBLC, the interest rate charged by the lender, and the company's expenses and risks. Therefore, it's essential to evaluate the transaction's costs and benefits carefully before using an SBLC as collateral to obtain financing.


    An SBLC can be used to guarantee payment to a supplier or vendor, allowing a buyer to obtain goods or services on credit terms. Here's an example of how a company could generate profits from reimbursement using an SBLC:


    Let's say that a company needs to purchase raw materials from a supplier, but the supplier requires payment upfront before delivering the goods. The company doesn't have enough cash to pay upfront, but it has an SBLC for $1 million, which it obtained by paying an issuing fee of 1% of the SBLC's face value, or $10,000. The SBLC has a validity period of six months and can be extended upon expiry.


    The company can use the SBLC to guarantee payment to the supplier, allowing it to obtain the goods on credit terms. The supplier agrees to supply the goods on credit terms of 90 days, with a total cost of $900,000. The company agrees to reimburse the supplier within 90 days of receiving the goods.


    Assuming that the company sells the goods within 60 days and generates revenue of $1.2 million, it can use the revenue to reimburse the supplier and generate a profit. The profit would be $300,000 ($1.2 million revenue - $900,000 cost of goods sold). Subtracting the issuing fee of $10,000, the net profit would be $290,000.


    In this case, the company would have made a profit of $290,000 by using the SBLC to guarantee payment to the supplier and obtain goods on credit terms. This represents a return on investment (ROI) of 2900% ($290,000 profit divided by $10,000 issuing fee).

    

    It's important to note that the actual profit and ROI may vary depending on the transaction's specifics, such as the cost of obtaining the SBLC, the credit terms negotiated with the supplier, and the company's ability to sell the goods and generate revenue. Therefore, it's essential to evaluate the transaction's costs and benefits carefully before using an SBLC to guarantee payment and obtain goods or services on credit terms.