WHERE ALL ORIGINAL BILLS OF LADING MUST BE PRESENTED QUESTION A credit requires the presentation of ‘3 / 3’ (that is, three of three) original multimodal transport documents. The presented document indicates that four originals have been issued. The beneficiary has presented three originals. The nominated bank has refused the documents for the absence of one original multimodal transport document. The beneficiary is arguing that the credit required only … Read More
WHERE C/O HAS NO SIGNATURE BUT A REFERENCE TO A WEBSITE FOR AUTHENTICATION QUESTION Dear Mr. Old Man, I would be grateful if you could give me advice in this case: The C/O presented under Import LC is not signed but refer to clause: “For certifying authority use only VERIFY URL:HTTP://WWW.CO-CCPIT.ORG” So this clause satisfy the requirement of signature or not? I look forward to hearing from you soon, Ha Thu Hang ———– … Read More
LC AVAILABLE BY NEGOTIATION WITH DRAFTS ON CONFIRMING BANK QUESTION Dear Mr. Old Man, Can the confirming bank negotiate the documents in the event of Draft drawn on them? My understanding is if the draft is drawn on a bank, it can only honour the payment. However, one of my colleagues told me that it is possible for the confirming bank to negotiate the documents as per the UCP … Read More
HOW TO PRESENT THE DOCUMENTS WHERE LC IS AVAILABLE WITH A NOMINATED BANK OUTSIDE THE BENEFICIARY’S COUNTRY This place is called God’s Well. I came here with some of my biking friends with our bikes on the shoulders. Dare not come back here again! QUESTION Dear Mr Old Man, We received an L/C with the details as follows: Sender: ABC Bank Singapore Receiver: XYZ Bank Vietnam Expiry date: 1/1/2017 in Vietnam Available with ABC Bank Singapore by negotiation. … Read More
WHERE THE DUE DATE IS A NON-BANKING DAY South Hai Van Pass QUESTION Usance bill payment falls on 13th December i.e. Tuesday and it is a holiday for the country of making the payment, but not a holiday for the currency of payment (Ex: Currency of payment is USD and that day is not a New york holiday). When we should pay? Is it on 12th or 14th? … Read More
WHETHER THE BENEFICIARY CAN NEGOTIATE THE DOCUMENTS WITH THE 1ST ADVISING BANK QUESTION Hi Sir, Can 1st advising bank contact the beneficiary and negotiate documents directly even there is a 2nd advising bank indicated in the LC? Regards, dotcom ———– ANSWER Hi, Where the L/C is available with any bank by negotiation, the beneficiary may present the documents to any bank including the first advising bank for negotiation. Where the L/C is … Read More
PAYMENT CLAUSE IN TRANSFERRED LETTERS OF CREDIT QUESTION Dear all, Is the payment clause that we shall pay only when we receive funds from issuing bank under original L/C, usual in transferred letters of credit and the banks are always using such structure of payment clause when transferring L/C or is it something which some banks are using but it is not proper? Thanks Snježana ———- ANSWER … Read More
T.T.REIMBURSEMENT ALLOWED QUESTION Dear Mr. Old Man! Our company is going to open an LC but the exporter requires the LC to allow T.T.R. Though we have done some business with this exporter at FOB terms, we fear that with this clause the negotiating bank may collude with the exporter to claim reimbursement by swift message before shipment is made. Though the … Read More
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