When “Approval Basis” Presentations Come Up – UCP or URC? Intro In practice, not every LC presentation is textbook perfect. Sometimes banks and beneficiaries face the tricky situation of discrepant documents. A recurring question in trade finance circles is: If a nominated bank forwards documents “on approval,” is that still under UCP, or should it instead be treated as a documentary collection under URC? And a follow-up question naturally arises: … Read More
Breaking Into Trade Finance: A Reader’s Question, Mr. Old Man’s Answer Intro: Every now and then, I receive thoughtful questions from young professionals eager to step into the world of trade finance. Recently, Chaudhary wrote to me after following my LinkedIn posts, asking how best to build a strong foundation in this field. His question, and my response, may be useful for anyone considering the same path. QUESTION Hi sir, I … Read More
Loose Container on a Bill of Lading – Discrepancy or Not? Intro: Every so often, LC practitioners stumble upon shipping terms that spark debate. One such term is “Loose Container”—often seen on draft or final Bills of Lading. Does it simply describe the cargo, or does it trigger a discrepancy under an LC? Let’s look at a real query from PSP and unpack the answer. QUESTION Dear Mr. Old Man, … Read More
AUTHORIZATION/APPROVAL FOR NEGOTIATION OR PAYMENT OF DISCREPANT DOCUMENTS Intro: One of the recurring headaches in L/C practice is what to do with discrepant documents. The beneficiary wants their money, the nominated bank worries about reimbursement, and the issuing bank sits in the middle waiting for the applicant’s word. A common query is whether the issuing bank can “pre-approve” or authorize payment against documents with discrepancies, and what that … Read More
Case Note – Negotiation of Deferred Payment Undertaking Without Authorization This case highlights the risks for presenting banks when discounting a deferred payment undertaking (DPU) without explicit authorization from the issuing bank. It also illustrates how local court orders—particularly in jurisdictions that favor domestic parties—can override payment expectations under an LC, leaving the negotiating bank exposed. Fact Summary The issuing bank in Iraq incurred a deferred payment undertaking under an … Read More
PR nho nhỏ cho trang web www.mroldman.net – “MR. OLD MAN – For Those Who Eat, Sleep and Breathe Letters of Credit and Cycling” Năm 2017, Mr. Old Man chính thức xây dựng trang web www.mroldman.net dựa trên nền tảng của website cùng tên trên WordPress và blog từ thời Yahoo 360. Ban đầu, trang web chủ yếu đăng các bài viết và Q&A tư vấn về nghiệp vụ thanh toán quốc tế và tài trợ thương mại. Sau này, khi bắt đầu đam mê xe … Read More
Endorse First, Cancel Later — Can the Beneficiary Still Win? Intro: Sometimes in trade finance, a small action like endorsing a bill of lading too soon can create a big legal headache. What happens if a bank endorses the BL, then cancels that endorsement and returns the documents due to discrepancies? Here’s Mr. Old Man’s take — plus practical tips for both the beneficiary and the issuing bank on how … Read More
Drafts under Negotiation LCs Restricted to the Confirming Bank – Who Should They Be Drawn On? Intro: In practice, there have been cases where LCs available by negotiation with confirming banks state that drafts be drawn on the confirming bank. This does not comply with Article 2 of UCP 600. Where an LC contains such a term, should the draft be drawn on the confirming bank or the issuing bank? ______ QUESTION Dear Sir, Can … Read More
Consignee Mismatch? When the Certificate of Inspection and Bill of Lading Don’t Have to Match Intro: A recent LC case raised a dispute over alleged “conflicting information” between the consignee stated in a Certificate of Inspection and that shown in the bill of lading. The issuing bank cited UCP 600 Article 14(d) to justify refusal, while the beneficiary argued that ISBP 821 allows such differences under specific circumstances. Here’s Mr. Old Man’s take on whether … Read More
Variable Pricing Clause – Aluminum Linked to LME Intro: Applicable where the final unit price is to be determined based on London Metal Exchange (LME) quotations around the shipment date. The following clause ensures price calculation is objective, documentary evidence is provided, and the maximum price cap is observed. QUESTION Dear Mr. Old Man, Hope you are doing well. Need your guidance in regard to LC Issuance for … Read More
When the LC beneficiary is a “sister company” in Singapore: How can Bank V remain the presenting bank?
When the LC beneficiary is a “sister company” in Singapore: How can Bank V remain the presenting bank?