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DRAFT ENDORSEMENT

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Draft endorsement.

LC stated drawee bank is the issuing bank (ABC branch), drafts were endorsed pay to the order of (name of the issuing bank – w/o branch name)… . Then the drawee bank has deducted discrepancy fee for irregular endorsement on drafts , so would you tell me more about this?. Thank you!

Q.Lien/VCB VT

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MR. OLD MAN’S COMMENT

Dear Lien,

Thanks for asking me.

As you may know, many L/C experts do not think that drafts are part of the documents required under Field 46A, hence, discrepancies (if any) in the drafts do not constitute good reason for the issuing bank to reject the documents (i.e., refuse to pay).

The drafts issued in the manner as described in your case are discrepant since the issuing bank’s branch name is not indicated. However, in view of the experts’ reasoning as above, the issuing bank should not refuse to pay on the ground that the drafts are discrepant. Accordingly, in my own view, the issuing bank should not charge discrepancy fee. But if the discrepancy fee has been deducted from the proceeds, it is advisable that the negotiating bank should not insist on claiming refund as the discrepancy fee, if refunded, is not enough to cover the time and cost it has spent on such a disputable issue.

For more information, I think you may spend more time to read my related entries by clicking the following:

http://blog.360.yahoo.com/blog-VrcvahU_c6KPy_Q58q0lTZc-?cq=1&p=10
http://blog.360.yahoo.com/blog-VrcvahU_c6KPy_Q58q0lTZc-?cq=1&p=15

Hoping my answer is helpful.

Best regards,
Mr. Old Man …

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2 Comments

  1. Crazy Cricketer

    December 30, 2016 at 1:27 am

    Dear Mr. Old Man,

    A) Is it that Draft always to be drawn on the bank which is mentioned in field Field:42C irrespective of where the beneficiary present the docs.?

    B) My understanding on “credit available by negotiation” is that nominated/confirming will bargain as much as they could with the beneficiary. If credit is restrictedly available, beneficiary has no other option to negotiate, so that, the particular negotiating bank can discount what ever amount they wish from proceedings.

    Is my understanding correct?

    Thanks.

    Reply

    • mroldman

      December 30, 2016 at 11:05 am

      Hi,

      1) Unless being one of the documents required under field 46A, draft is always drawn on the issuing bank or a nominated bank.

      2) Where L/C is available with any bank by negotiation, the beneficiary should present the documents to any bank for negotiation.
      Where L/C is available restrictly with a named nominated bank, the beneficiary should present the documents to that bank for negotiation.
      Where L/C is available with a nominated bank, the beneficiary may also present the documents directly to the issuing bank for payment.
      Where L/C is available restrictly with a named nominated bank, the beneficiary may present the documents to a non-nominated bank for negotiation (if that bank agrees to negotiate on a with or without recourse basis). However, please note that the non-nominated bank may negotiate the documents at its own discretion and risk as it is not authorized to negotiate the documents.

      Kind regards,
      Mr. Old Man

      Reply

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