In banking norms, "With Recourse" and "Without Recourse"
In banking norms, "With Recourse" and "Without Recourse" refer to the level of risk assumed by the bank in issuing a Bank Guarantee (BG) or Letter of Credit (LC).
"STUDY PURPOSE" only
With Recourse BG/LC:
1. The bank has the right to recover from the customer (principal) any amount paid under the BG/LC.
2. The bank can claim reimbursement from the customer for any losses incurred.
3. The customer remains liable for the obligations under the BG/LC.
Without Recourse BG/LC:
1. The bank assumes full liability for the payment or performance obligations.
2. The bank cannot recover from the customer any amount paid under the BG/LC.
3. The customer is not liable for any losses incurred by the bank.
Key differences:
- Risk assumption: With Recourse shifts risk to the customer, while Without Recourse assumes risk with the bank.
- Liability: With Recourse holds the customer liable, while Without Recourse releases the customer from liability.
- Bank's obligation: With Recourse allows the bank to claim reimbursement, while Without Recourse obliges the bank to bear losses.
In general, Without Recourse BG/LC is considered a stronger guarantee, as the bank assumes full liability, providing greater assurance to the beneficiary. However, banks may charge higher fees or require additional collateral for Without Recourse BG/LC due to the increased risk.