With or Without Aval? A Small Question That Changes the Risk in Documentary Collections Introduction In documentary collections under URC 522, things often run on familiar rails—documents sent, acceptance obtained, maturity awaited. Most of the time, the collecting bank’s role remains strictly mechanical. Then, occasionally, a small question appears: “With or without avalization?” It sounds like a minor procedural choice. In reality, it quietly shifts the nature of the transaction—from relying solely on the … Read More
Prepayment, Fraud Risk and Article 12 — Where Does the Risk Lie? Discussions around the possible revision of UCP 600 often bring out interesting practical concerns. One of them, raised recently by a colleague, goes straight to the heart of risk allocation in documentary credits: If a nominated bank prepays or discounts under a credit, and fraud is discovered later, who ultimately bears the risk? A fair question — and not an … Read More
Deleting “Acceptance” from UCP 600? A Practical Question As discussions continue around whether UCP 600 should be revised, some suggestions focus not on rewriting the rules entirely, but on simplifying specific provisions. One such suggestion is to remove availability by acceptance under Article 6(b), on the basis that drafts are no longer necessary in modern practice. At first glance, this seems reasonable. But as often in trade finance, … Read More
Sẽ không có chuyện sửa đổi UCP 600… Người làm nghề tín dụng chứng từ vốn đã quen với một “chu kỳ ngầm”: cứ khoảng 10 năm, lại có một phiên bản UCP mới ra đời. Từ những ngày đầu cho đến UCP 600, các lần sửa đổi thường diễn ra theo một nhịp khá đều. Nhưng lần này thì khác. Đã gần 20 năm trôi qua — … Read More
No Revision of UCP 600… At Least Not for Now For those working in documentary credits, there has always been an unspoken rhythm: roughly every decade, a new version of UCP comes along. From its early days to UCP 600, revisions have followed a fairly regular cycle. But this time feels different. Nearly 20 years have passed — and UCP 600 remains untouched. No draft revision. No clear signal of … Read More
Documentary Credits: Safe… but not as certain as we think This article is inspired by “Documentary credits and the illusion of certainty – resolving the real problem” by David Meynell. □ We tend to think of letters of credit as a “safe” method of payment. As long as documents comply with the terms of the credit and UCP 600, payment should follow. Banks examine documents, not goods. They do not … Read More
Tín dụng chứng từ: Tưởng chắc ăn… nhưng không ăn chắc như ta tưởng Bài này được viết lại lấy cảm hứng từ bài viết “Documentary credits and the illusion of certainty – resolving the real problem” của Dave Meynell – chuyên gia ICC. Ai muốn đọc bản gốc tiếng Anh thì xem ở đây: https://www.tradefinance.training/blog/articles/documentary-credits-and-the-illusion-of-certainty–resolving-the-real-problem/ Còn muốn dễ tiêu hóa thì đọc bản tiếng Việt này nhé. Tín dụng chứng từ: Tưởng chắc … Read More
When a Nominated Bank Defaults: Who Really Pays? Every trade finance practitioner has seen this moment—or at least worried about it. A nominated bank gives its word. It incurs a deferred payment undertaking, or accepts a draft. Then maturity arrives… and nothing happens. No payment. No honour. So the uncomfortable question arises: Is the beneficiary now exposed? The Rule Is Clear—Even If Reality Isn’t Under UCP 600 sub-articles … Read More
More of less 5% – A Small Tolerance, A Big Debate? A familiar situation in documentary credits: a few kilograms short, a few dollars less—and suddenly, Article 30(b) becomes the center of discussion. Does tolerance quietly apply, or does the LC still demand strict compliance? QUESTION Dear Mr. Old Man, Hope you are doing well. Request you to clarify below queries: Case Details: 1 LC allows 5/5 tolerance in LC Value. … Read More
When the Collecting Bank Becomes the Drawee: A Quiet but Dangerous Shift in D/A Collections Introduction Most documentary collections behave themselves. Roles are clear, risks are understood, and the collecting bank stays where it belongs—in the middle, passing documents, not carrying obligations. But occasionally, a small detail slips through. A draft is drawn on the wrong party. Nothing looks dramatic, yet the legal position changes completely. And just like that, the collecting bank may find … Read More