Uncategorized DISCOUNTING BY THE ISSUING BANK By Mr Old Man Posted on March 7, 2010 2 min read 0 0 2,535 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUERY FROM NESAR AND COMMENT FROM MEHDIPost subject: Discounting by issuing bank Nesar: Dear All, A credit is available with a nominated bank by acceptance.Draft Drawn on nominated bank for 180 days after sight. query: Can issuing bank discout this bill? RegardsNesar——————————- Mehdi: I am not sure such arrangement of delayed payment is allowable under the existing regulations of the land. However, in respect of export from Bangladesh, such practice of discounting at sight against a credit of 90 days deferred is in place (BNP Paribash is doing so). Regards….Mehdi —————————————— MR. OLD MAN'S COMMENT Hi all, Banco Santander v. Banque Paribas is the case in connection with the nominated confirming bank's discounting of its own deferred payment undertaking under a deferred payment L/C whereas Nesar's case is in connection with the issuing bank's discounting of the time draft under an acceptance L/C. Please note the draft once accepted would become an instrument independent of the L/C and could be sold on the forfaiting market by endorsement on its reverse side. Therefore, the draft which was accepted by the nominated bank can be discounted by any bank including the issuing bank. Best regards,Nguyen Huu Duc …
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?