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CONSIGNEE ON INVOICE, BILL OF LADING, CERTIFICATE OF ORIGIN

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QUESTION
Dear Mr. Old Man,
I have below doubts.
Applicant: X
Beneficiary: Y
Shipper: Z
Issuing Bank: Sun Bank
Case 1:
– Can the invoice indicate Z as Consignor and X as Consignee?
– Can the BL indicate Z as Consignor and X as Consignee?
– Can the C/O indicate X as Consignee?
Case 2:
If the LC requires BL to be issued to order of Issuing Bank
– Can the invoice indicate Z as Consignor and Sun Bank as Consignee?
– Can the BL indicate Z as Consignor and Sun Bank as Consignee
– Can the c/o indicate Y as Consignee
Case 3:
If it is a transferable LC then:
– Can the invoice indicate Z as Consignor and X as Consignee?
– Can the BL indicate Z as Consignor and X as Consignee
– Can the c/o indicate Y as Consignee?
Regards,
S.
—–
ANSWER
Hi,
I would like to note that:
1. Shipper (or consignor) can be any party other than the beneficiary. However, when it appears on a document, it is not to conflict with those on other documents.
2. Presented documents must comply with the LC terms and conditions.
If LC requires BL consigned to Applicant X or Sun Bank, the presented BL must be consigned straight to Applicant X or Sun Bank, i.e., showing Applicant X or Sun Bank as Consignee. It should not be issued to the order of Applicant X or Sun Bank.
If LC requires BL to be issued to the order of Sun Bank, the presented BL must be issued to the order of Sun Bank. It should not be consigned to Sun Bank.
3. A commercial invoice must appear to have issued by the beneficiary except as provided in article 38 and must be made out in the name of the applicant except as provided in article 38.
Consignee information, when shown on C/O, is not to conflict with the consignee information in the transport document. However, when LC requires a transport document to be issued “to order”, “to the order of shipper”, “to order of issuing bank”, “to order of nominated bank (or negotiating bank)” or “consigned to issuing bank”, a certificate of origin may show the consignee as any entity named in the LC except the beneficiary. When a LC has been transferred, the first beneficiary may be stated to be the consignee.
So, to answer your specific questions:
Case 1:
– Can the invoice indicate Z as Consignor and X as Consignee? YES, IF LC REQUIRES BL CONSIGNED STRAIGHT TO CONSIGNEE X
– Can the BL indicate Z as Consignor and X as Consignee? YES, IF LC REQUIRES BL CONSIGNED STRAIGHT TO CONSIGNEE X
– Can the C/O indicate X as Consignee? YES.
Case 2:
In case the LC requires BL to be issued to order of Issuing Bank:
– Can the invoice indicate Z as Consignor and Sun Bank as Consignee? CONSIGNEE IF SHOWN MUST BE “TO THE ORDER OF SUN BANK”
– Can the BL indicate Z as Consignor and Sun Bank as Consignee? CONSIGNEE MUST BE “TO THE ORDER OF SUN BANK”
– Can the c/o indicate Y as Consignee? NO
Case 3:
In case it is a transferable LC:
– Can the invoice indicate Z as Consignor and X as Consignee? YES
– Can the BL indicate Z as Consignor and X as Consignee? CONSIGNEE MUST BE INDICATED AS LC REQUIREMENT
– Can the c/o indicate Y as Consignee? YES (WHEN THE LC HAS BEEN TRANSFERRED , THE NAME OF THE FIRST BENEFICIARY MAY BE SUBSTITUTED FOR THAT OF THE APPLICANT IN THE LC)
Best regards,
Mr. Old Man
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