Models of Inquiries:

Documentos Necessários:

A LOI e BCL são usadas para determinar a seriedade e real intenção do comprador. É sabido da existência de inúmeros especuladores e esses documentos devem ser apresentados aos intermediários (brokers) que os transferirão ao vendedor (produtor). No mercado das commodities, os produtores / fabricantes não se interessam por contatos de centenas de “jokers”. Dessa forma são constituídos “mandates” e agentes responsáveis pela filtragem dos pedidos.

A BCL é um documento oficial, porém informal, emitido pelo banco do comprador, que atesta única e exclusivamente a “saúde financeira” do comprador, informando que o cliente potencial tem condições de arcar com o pagamento do produto (nas quantidades e preços estabelecidos). Esses documentos não têm valor jurídico mas apenas a sinalização de real intenção de compra por parte do “buyer”. São documentos válidos, normalmente, por apenas alguns dias. NENHUM “seller” (produtor) responde às solicitações sem a apresentação desses documentos.

LOI

A letter of intention or LOI is a document outlining an agreement between two or more parties before the agreement is finalized. The concept is similar to the so-called heads of agreement. Such agreements may be Asset Purchase Agreements, Share Purchase Agreements, Joint-Venture Agreements and overall all Agreements which aim at closing a financially large deal.

LOI´s resemble written contracts, but are usually not binding on the parties in their entirety. Many LOIs, however, contain provisions that are binding, such as non-disclosure agreements, a covenant to negotiate in good faith, or a "stand-still" or "no-shop" provision promising exclusive rights to negotiate. A LOI may also be interpreted as binding the parties if it too closely resembles a formal contract.

The purposes of a LOI may be:

- to clarify the key points of a complex transaction for the convenience of the parties;

- to declare officially that the parties are currently negotiating, as in a merger or joint venture proposal;

- to provide safeguards in case a deal collapses during negotiation;

A LOI may also be referred to as a memorandum of understanding (MOU), term sheet or discussion sheet. Although the terms refer to different documents, the differences are often formal in nature, reflecting different drafting styles or business customs, not a substantive difference in what these various documents accomplish.

LOI – Letter of Intent (modelo/format)

Buyer´s Letterhead

(including all details: address, phone, fax, email)

Date:

To:

Phone:

Dear Sirs,

We ____name of the buyer_______ hereby confirm with full legal and corporate responsibility and under penalty of perjury that we are ready, willing and able to enter into a contract for the purchase of the following commodity as specified below and that funding is available including any import/export permits needed to fulfill this purchase:

The Product: name of the product

Quantity:  XXXXX Metric Tones

Destination: CIF ASWP (as per attached Shipping Schedule).

Contract duration: number of months

Packing: Bulk / 50KG bags

Target Price: $ XXX.00 USD/MT C I F basis.

Terms of Payment:

Performance Bond: 2% from sellers.

BANKING DETAILS:

Name of the Bank:

Bank Account Nº:  

Bank Account Name:

Address of the Bank:

Bank Phone Nº:

Bank Fax Nº:

Bank Officer:

We hereby declare that the above addressed is and will be the one and only agent treating this deal over the next 30 days.

BUYER SIGN & SEAL

BCL – Bank Comfort Letter

Informal letter from a bank indicating its willingness to support a customer with a short-term loan, if and when required. It is not a letter of commitment.

Model of Bank Comfort Letter (BCL)

(Buyer's Bank Letter Head)

(Including all details such as Address, Phone, Fax, E-Mail, etc.)

Bank Comfort Letter

Date: (Day, Month, Year)

To: Mr. …………………………

Dear Sirs,

1. This is to confirm that our mutual clients ____name of the buyer_______ maintain a banking account with us.

2. At their instructions we, _____name of the Bank_____ with full authority and mandate hereby confirm that the said clients are willing and financially able to initiate the process of purchasing of ____quantity____ tones of ___product name_____ for the price of ___price/mt___ during the next __months duration___  and for the total value of ___usd$___.

3. We certify that our clients named above have sufficient funds and/or have credit line with our bank to complete the proposed transaction within the time period shown above.

4. Our clients hereby give authority to the Sellers to procure usual banker's references, our bank officer __Mr./Mrs.__name__, ___direct phone no.___ is already instructed to cooperate with your inquiry.

Yours truly

Sign and seal by 2 bank officers + rubber stamp

NCND – Non Circumvention Non Disclosure Agreement

Non Circumvention/Non Disclosure Agreements ensure that the intermediaries in the transaction are not circumvented and excluded from the transaction by the Buyer and/or Seller and/or the other intermediaries.

Many trade transactions are chain-like.

Product flows like this: seller-broker-broker-broker-buyer.

The brokers in the middle use NCNDs to ensure that they are not circumvented by anyone else in the chain; also, to ensure that information on the other parties in the chain is not disclosed to outside parties. They are valid for a specified term; usually five years.

Trading Commodities