Increasing an LC Amount – Is a Revised Proforma Invoice Required? Introduction When an applicant requests an amendment to increase the value of a documentary credit, banks often require supporting commercial documents to justify the amendment. But what if the beneficiary refuses to issue a revised proforma invoice or to indicate that the invoice has been revised? Is the issuing bank still able to process the amendment? The following Q&A discusses … Read More
Can a Transferred Letter of Credit Have a Shorter Usance Period Than the Original Credit? A transferable letter of credit allows the first beneficiary to transfer all or part of its rights under the credit to a second beneficiary. While UCP 600 permits certain terms of the transferred credit to be reduced or curtailed, not every provision may be changed. In this Q&A, a reader asks whether the deferred payment period in a transferred credit … Read More
Does a Struck-Out Endorsement on a Bill of Lading Require Authentication? A bill of lading issued “to order” is commonly endorsed by the shipper after issuance to transfer title to the goods. But what happens if an endorsement is mistakenly made by the wrong party, then crossed out and replaced by the correct endorsement? Does such a change constitute a correction to the bill of lading requiring authentication under ISBP 821 … Read More
Place of Expiry in Vietnam vs. Availability with the Issuing Bank Under UCP 600, the place where a credit is available is normally also the place for presentation. Accordingly, when a credit is available with the issuing bank, the expiry place would ordinarily be the issuing bank’s counter. But what happens when an LC is available with the issuing bank while the place of expiry is stated to be the beneficiary’s … Read More
How Should a Letter of Credit Financed by the World Bank Be Issued? Letters of credit financed by international development institutions such as the World Bank (WB) are quite different from ordinary commercial LCs. They are often issued as non-operative credits and become operative only after the donor issues a separate payment or reimbursement commitment. The following question discusses one practical example. Question Dear Mr. Old Man, I have a question and would … Read More
Consignee on a Certificate of Origin When the Bill of Lading Is Endorsed to the Issuing Bank One of the less obvious issues under ISBP 821 concerns the consignee shown on a certificate of origin when the letter of credit requires a bill of lading to be issued or endorsed to the order of the issuing bank. Does it matter if the bill of lading is originally issued to the order of the beneficiary and only later … Read More
Can a Guarantee Be Amended to Reflect Legal Succession of Beneficiaries? A change in the identity of the beneficiary under a demand guarantee may arise not from a transfer of the guarantee, but from legal succession under the applicable law, such as inheritance or donation. In such cases, should the guarantor treat the change as a transfer under Article 33 of URDG 758, or simply amend the guarantee to acknowledge the … Read More
LỪA ĐẢO CHUYỂN TIỀN BẰNG CÁCH HACK EMAIL ĐỂ THAY ĐỔI THÔNG TIN NGƯỜI THỤ HƯỞNG (Dựa trên một vụ gian lận có thật: chỉ vì email bị hack mà tiền đã chảy vào tay kẻ lừa đảo.) Cách đây hai năm, một người bạn của Mr. Old Man – luật sư nội bộ của một ngân hàng Hàn Quốc (xin gọi là Ngân hàng K) – gửi email nhờ Mr. Old Man giới thiệu một … Read More
Đằng sau những câu trả lời ✍️ Có một điều Mr. Old Man muốn thú thật với bạn đọc. Có những hôm mở email ra, thấy một bạn gửi một lúc… 5 câu hỏi dài thượt. Đọc xong, Mr. Old Man chỉ muốn đứng dậy pha một ly cà phê rồi mới mở lại. Có bạn hỏi một câu. Có bạn hỏi ba câu. Có bạn hỏi … Read More
When Does Additional Information Become Conflicting Data Under UCP 600? A reader raised an interesting follow-up question after my previous Q&A on contact names and addresses in letters of credit. If a document shows an address or contact name that differs from the credit, can it simply be regarded as additional information? Or does it become conflicting data that gives rise to a discrepancy? The distinction is subtle but important. … Read More