Uncategorized CAN DRAFTS BE DRAWN ON THE CONFIRMING BANK ? By Mr Old Man Posted on October 15, 2015 2 min read 0 0 3,215 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUESTION Dear Mr. Old Man, I would appreciate your answer to my following questions: Is the drawee in drafts always the issuing bank? Can drafts be drawn on the confirming bank? Thank you. TL ________ ANSWER Hi, 1) Quite often, but not always. It is agreed that the drawee on drafts would be the issuing bank. However, a draft may be drawn on a nominated bank if so required by the LC. 2) Yes, drafts can be drawn on the confirming bank in the event where the LC is available with the confirming bank by acceptance or in the event the confirmed LC is available with another nominated bank by negotiation. Please note where the LC is available with the confirming bank by negotiation, the LC should not require drafts to be drawn on the confirming bank. If drafts are drawn the confirming bank, the confirming bank must honour and not negotiate. Please refer to the definition of negotiation in Article 2 UCP 600, which says “Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank)…” Notwithstanding the above analysis, in practice some confirming banks would still insist drafts be drawn on it. Kind regards, Mr. Old Man
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?