Home Uncategorized WHETHER AN EXPIRED LC CAN BE AMENDED TO EXTEND THE EXPIRY DATE

WHETHER AN EXPIRED LC CAN BE AMENDED TO EXTEND THE EXPIRY DATE

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QUESTION

Dear Mr. Old Man,

Can an expired LC be amended to extend the expiry date?

Is there any provision that prevents the expired letter of credit from being amended to extend the expiry date?

Thank you

PMB

——–

 

ANSWER

Hi,

The answer is No and Yes. It depends.

According to UCP 600 sub-article 10 (a), except as otherwise provided by article 38, an LC can neither be amended nor cancelled without the agreement of the issuing bank, the confirming bank (if any) and the beneficiary.

Where the LC expires without any complying presentation being made, the issuing bank’s obligation under the LC will expire accordingly.

The issuing bank may consider to amend the expired LC only when:

(i) its internal regulations allow such amendment;

(ii) the applicant requests such amendment;

(iii) such amendment does not affect the applicant’s capacity to reimburse the issuing bank; and/or

(iv) it has reasons to believe that the advising bank will agree to advise the amendment and that the beneficiary will accept the amendment.

Kind regards,
Mr. Old Man

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8 Comments

  1. Tan

    September 29, 2016 at 10:15 am

    Hi Mr old man

    We have the following case relating to expired lc. We sent export docs under lc to issuing bank. LC expired, therefore, issuing bank inform they do not handle the docs outside this lc and treat it as collection. Then after two weeks, the issuing bank sent message to inform that the applicant accept the docs, will pay at maturity date and they sent the docs to applicant

    Whether the issuing is correct when sending the docs to applicant upon the applicant’s acceptance without seeking our consent

    Thanks and best regards

    Tan

    Reply

    • mroldman

      September 29, 2016 at 2:21 pm

      Hi,

      Where the L/C expired, the issuing bank’s payment obligation under the L/C ceases. If this is the case, the issuing bank may not handle the presented documents in accordance with sub-article 16 (c) UCP 600. It may just send the presenter an MT799 saying that the L/C expired and that it is returning the documents to the presenter or holding the documents at the presenter’s disposal.

      The issuing bank in your case was not right to treat the documents as a collection and release the documents to the applicant against the applicant’s acceptance without the presenter’s prior consent.

      Kind regards,
      Mr. Old Man

      Reply

  2. Tan

    September 30, 2016 at 9:13 am

    Dear Mr old man

    We already advise the instruction to the beneficiary, however, they are slient and do not give any instruction. In this case, at now we act just only on the role of presenting bank. What should we do now? Pls advise

    Regards

    Tan

    Reply

    • mroldman

      September 30, 2016 at 2:16 pm

      What instruction are you talking about?

      Reply

      • Tan

        October 3, 2016 at 10:25 am

        Hi Mr Old Man

        Something such as beneficiary’s consent about the action of issuing bank: dispatch the docs to applicant upon applicant’s acceptance or etc…

        Thanks and best regards

        Tan

        Reply

  3. Rashed

    October 2, 2016 at 10:32 pm

    Hey Mr. Old Man,

    Could you please help me in clarifying the answer of the following question:

    A credit is issued for the amount of USD15,000 and is stated to revolve monthly on an automatic and cumulative basis. The credit has a 9 months validity period. The following drawings are made in the first 5 months:
    January – USD12,500
    February – USD16,000
    March – USD10,750
    April – USD13,800
    May – USD15,000
    How much is available to be drawn in June?

    Expecting your prompt response as always.

    Regards,

    Rashed

    Reply

    • mroldman

      October 3, 2016 at 8:45 am

      Hi Rashed,

      It is understood that the unutilized sums in a cumulative revolving L/C can be added to the upcoming drawings until the LC expires.

      As the L/C revolves monthly for a validity period of 9 months, the maximum amount available to be drawn in June is USD21,950

      Note:
      Maximum amount that can be drawn for six months is USD90,000 (= USD15,000 x 6).
      However, the total amount drawn for the last 5 months was USD68,050 (= 12,500 + 16,000 + 10,750 + 13,800 + 15,000).
      So, the maximum amount available to be drawn in June is USD21,950 (= USD90,000 – USD68,050).

      I am not good at calculation. Please check again!

      Kind regards,
      Mr. Old Man

      Reply

      • Rashed

        October 4, 2016 at 12:05 am

        Thanks a lot, Sir! The answer and the calculation are absolutely perfect.

        Reply

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