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DP COLLECTION

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QUESTION

Sir,

I want to know, if the documents on DP term are sent with clear instruction to release only against Payment.

If the collecting bank has released all shipping documents along with endorsed in favor of consignee without collecting payment (good faith), what are the obligations and responsibilities of the collecting bank ? Can the remitting bank claim from the collecting bank?

If yes, please advise,

Xender

——-

ANSWER

Hi,

URC 522 clearly articulates the responsibilities of a collecting bank when handling a collection subject to those rules. If the instruction is to deliver documents against payment and the collecting bank has delivered without obtaining payment from the drawee, it is responsible for payment.

ICC ever gave an opinion on a similar case where the collection instruction was to deliver documents against payment, but the collecting bank has released the documents against partial payment without authorization from the remitting bank. ICC concluded that the collecting bank is responsible for payment of the remaining amount.

Kind regards,

Mr. Old Man

 

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4 Comments

  1. SUBHASH

    October 11, 2017 at 12:12 pm

    Dear Old Man,,

    What are the options available – both in DP OR LC arrangement – if the bank responsible to release the payment, does not release the payment inspite of repeated swifts to release the payment.

    regards, SC

    Reply

    • mroldman

      October 11, 2017 at 8:44 pm

      If the collecting bank under D/P collection or the issuing bank under L/C available by payment release the documents to the drawer or applicant without payment, it is still responsible for payment. The presenter may take legal action against that bank if it has been requested to pay several times but fails to pay.

      Reply

  2. SUBHASH

    October 11, 2017 at 9:32 pm

    Legal action can be through Court only or through ICC or Central Bank of respective country or through any other Banking Associations etc., it can be raised.

    regards, SC

    Reply

    • mroldman

      October 13, 2017 at 9:54 am

      Trade dispute if not settled by negotitation between the two parties can be resolved by arbitration or going to the court. I don’t think Central Bank or Bank Association is appropriate.

      Reply

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