DOES PRESENTING BANK HAVE THE RIGHTS TO CLAIM FROM ISSUING BANK? (Quoted from DCPro Discussion Forum 27 – 30 June, 2016) QUESTION Hi Beneficiary presented docs to us despite LC is restricted to another bank. We, acting as a presenting bank, sent the docs to issuing bank which was considered as clean and received the acceptance advice from issuing bank. Can we understand that this acceptance advice override the restriction terms … Read More
INSURANCE DOCUMENT INDICATING AN EXPIRY DATE FOR PRESENTING CLAIMS; MATURITY DATE OF DRAFT AT 90 DAYS SIGHT DRAWN ON REIMBURSING BANK QUESTION Dear Mr. Old Man, Insurance policy indicating expiry date for the presentation of claims We have received documents including an insurance policy showing: “Claims must be advised within 3 months from the date of discovery of loss/damage”. Is this statement considered as a stipulation of “expiry date for the presentation of any claims” as per ISBP 745, paragraph K9? If … Read More
CAN THE ISSUING BANK CLEAR AND TAKE DELIVERY OF THE GOODS? A boat on Han river, Da Nang, Vietnam QUESTION Dear Mr. Old Man, I have a question regarding “to order” bill of lading. LC requires among other documents a full set of clean on board ocean bills of lading made out to the order of the issuing bank… Documents presented are complying and the issuing bank advises the applicant of … Read More
BANKING DAY QUESTION Dear Mr. Old Man, I have query regarding “banking days”. My office open regularly from Monday to Friday to handling documents (for LC). One day (in Saturday), my staffs came to office in order to change our workstation/layout of office. Suddenly, a courier service came to our counter gave my staff many of documents . Since we received the … Read More
WHEN THE DUE DATE IS A NON – BANKING DAY Quoted from DCPro Discussion Forum (15 – 24 Feb, 2016) QUESTION I would like to seek for your opinion in the following case: Extract from L/C: 41D: AVAILABLE WITH…BY… ANY BANK BY NEGOTIATION 42C: DRAFT AT… 60 DAY AFTER BILL OF LADING FOR 100PCT OF FULL INVOICE VALUE 42A: DRAWEE ISSUING BANK (BIDV) BIDV received the complying document from the … Read More
TRANSFERRING BANK ’S LIABILITY UNDER SUB-ARTICLE 38 (i) QUESTION Dear Mr. Old Man, What happens when second beneficiary submits complying document but first beneficiary fails to submit complying documents and the applicant refuses to accept the documents and so also goods and does not release payment? Does it mean even the second beneficiary loses right to receive payment under LC? Regards, Subhash ———- ANSWER Hi, Good question! It … Read More
WHERE THE CONFIRMING BANK HONOUR A TIME DRAFT DRAWN ON ANOTHER NOMINATED BANK QUESTION Hi Mr. Old Man, If a LC is issued available with a nominated bank by negotiation and draft drawn on issuing bank, can the nominated bank just negotiate (purchase) the complying documents without negotiating the draft so as to qualify for negotiation with recourse? I understand once the nominated negotiated the draft, then it is bound to negotiate without … Read More
CAN A NOMINATED BANK HONOUR A DRAFT DRAWN ON A BANK OTHER THAN ITSELF? QUESTION Hi Mr. Old Man: Thanks for your reply. Can an issuing bank actually issue a LC available with nominated bank by acceptance with draft drawn on reimbursing/confirming/issuing bank/other named banks? I am asking this question because I understand the term “acceptance” as to mean the issuing bank authorizes the nominated bank to accept draft. If a draft is drawn … Read More
CAN A NON – NOMINATED BANK DISCOUNT A BILL? (quoted from DCPro Discussion Forum 16 Dec 2015) QUESTION Bank B in Germany confirmed a L/C, issued by Bank A in Brazil. Bank B forwarded the L/C by MT710 to the beneficiary through an advising bank in Canada. Field 40B states “Irrevocable and adding our confirmation”. The L/C is available with the confirming bank B in Germany by def. payment. … Read More
WHERE 1/3 ORIGINAL BILL OF LADING IS SENT TO THE ISSUING BANK QUESTION Mr. Old Man, We are exporting some goods to Nigeria. Importer Bank is First Bank of Nigeria, confirming bank is Standard Chartered Bank, Mumbai and advising bank is State Bank of India, Nagpur, India. In our LC there is a clause, wherein through our advising bank, we have to submit 2/3 original Shipped on Board OCEAN BILL OF LADING … Read More