Home Mr Old Man Different Signatures on a Bill of Lading and Its Rider Page – Acceptable or Discrepant?

Different Signatures on a Bill of Lading and Its Rider Page – Acceptable or Discrepant?

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Intro

A seemingly small issue, yet one that often stirs debates among LC practitioners:

Can a bill of lading and its attached page — signed by different offices of the same carrier — still be accepted under the LC?

 Here’s what Mr. Old Man thinks.

_____

QUESTION

Dear Mr. Old Man,

The LC calls for a bill of lading.

The beneficiary presented a bill of lading together with a certificate (because there was not enough space on the BL to include all information, an additional page was attached).

The bill of lading was issued by HANJIN SHIPPING CO., while the attached certificate was issued by HANJIN SHIPPING (VIETNAM) CO. Accordingly, the signatures on the BL and on the certificate are different.

Are the BL and the certificate acceptable?

If yes, on what basis under UCP or ISBP? If not, under which rule?

Kind regards,

AT

_________

ANSWER

Hi,

Thank you for your question.

According to your description, the beneficiary presented a bill of lading together with a certificate. While the bill of lading was issued by HANJIN SHIPPING CO., the certificate was signed by HANJIN SHIPPING (VIETNAM) CO.

Your question is whether these documents can be accepted, and if so, on what basis under UCP 600 or ISBP 821.

Let’s look at what ISBP 821 says.

A24) When a document consists of more than one page, it must be possible to determine that the pages are part of the same document. Unless a document provides otherwise, pages which are physically bound together, sequentially numbered or contain internal cross references, however named or titled, will meet this requirement and are to be examined as one document, even if some of the pages are regarded as an attachment or rider.

A36(b) When a signatory indicates it is signing for [or on behalf of] a branch of the issuer, the signature will be considered to be that of the issuer.

From your description, I understand that:

  • The certificate is not a separate document, but a rider page or attachment forming part of the same bill of lading.
  • HANJIN SHIPPING (VIETNAM) CO. is identified as a branch of HANJIN SHIPPING CO.

Therefore, under ISBP 821 paragraphs A24 and A36(b), the entire bill of lading (including its rider page) should be treated as one document issued by the same carrier, even though the signatures are different.

As an additional note, paragraph E24 of ISBP 821 provides that any correction on a bill of lading may be authenticated by the carrier, the master, or any of their named agents — even if the agent is different from the one who issued or signed the bill of lading — provided that they are identified as an agent of the carrier or master.

By analogy, even if the attached rider page was signed later by a branch or agent of the carrier, it can still be regarded as valid, as long as it clearly identifies its connection with the carrier.

Conclusion:

The bill of lading and its attached rider page signed with different signatures are acceptable, provided that it can be determined that both pages form one document and that the signatory on the rider page is identified as a branch or agent of the carrier.

I hope this helps clarify your issue.

Best regards,

Mr. Old Man

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