Chào các bạn.
Hôm nay chúng ta tiếp tục eURC với Điều e2 quy định về phạm vi áp dụng của eURC.
Điều e2 có 3 ý sau đây:
a. eURC là phụ bản bổ sung Quy tắc nhờ thu – Bản sửa đổi 1995 Ấn bản ICC số 522 (URC) quy định về việc xuất trình chứng từ điện tử hoặc kết hợp với chứng từ bằng giấy.
b. eURC sẽ áp dụng khi chỉ thị nhờ thu chỉ rõ rằng nó tuân thủ eURC (chỉ thị nhờ thu eURC).
c. Phiên bản này là Phiên bản 1.0. Chỉ thị nhờ thu eURC phải chỉ rõ phiên bản eURC được áp dụng. Nếu không chỉ rõ như thế, thì nó tuân thủ phiên bản có hiệu lực vào ngày chỉ thị nhờ thu eURC được phát hành hoặc vào ngày tu chỉnh thể hiện chỉ thị nhờ thu tuân thủ eURC.
Các bạn đọc Điều e2 nguyên văn bằng tiếng Anh và phần COMMENTARY để hiểu thêm nhé.
Cuối tuần vui vẻ.
Mr. Old Man
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ARTICLE e2
SCOPE OF THE eURC
a. The eURC supplements the Uniform Rules for Collections (1995 Revision, ICC Publication No. 522) (“URC”) in order to accommodate presentation of electronic records alone or in combination with paper documents.
b. The eURC shall apply where a collection instruction indicates that it is subject to the eURC (“eURC collection instruction”).
c. This version is Version 1.0. An eURC collection instruction must indicate the applicable version of the eURC. If not indicated, it is subject to the version in effect on the date the eURC collection instruction is issued or, if made subject to the eURC by an amendment, the date of that amendment.
COMMENTARY
The formal title to this supplement is “Uniform Rules for Collections (URC 522) Supplement for Electronic Presentation (“eURC”)”. Because of the length of the title, the shorthand acronym “eURC” is appended.
This abbreviated form employs the usual prefix that is applied to electronic commerce whilst emphasising the connection with the Uniform Rules for Collection.
Although no specific form of reference to the eURC is mandated, in fact any reference that clearly indicates the eURC would be adequate, it is recommended that the term “eURC” be used for reasons of transparency and clarity.
SUPPLEMENTARY.
As indicated by eURC sub-article e2 (a), the eURC acts as a supplement to URC 522. Although the rules do not include a definition of the word ‘supplement’, the intent is that, in practice, they function by reference to URC 522, and do not stand as a set of selfcontained rules, such as ISP98 or URDG 758.
The eURC contains only those requirements deemed necessary to expand or modify URC 522 in order to facilitate presentation of electronic records. Accordingly, it is an absolute necessity to read any eURC article in combination with the analogous URC 522 article.
eURC sub-article e3 (b) (Relationship of the eURC to the URC) provides clear direction on the inter-relationship of both sets of rules when the content may appear to differ.
SUBJECT TO THE EURC
eURC sub-article e2 (b) highlights that the eURC applies when a collection instruction ‘indicates that it is subject to the eURC’. As such, it is expected that an appropriate reference to applicability be apparent.
VERSION NUMBER
eURC sub-article e2 (c) makes it clear that the eURC is issued in ‘versions’, with the current version being Version 1.0. As a matter of good practice, it is always recommended that an eURC collection instruction indicate the exact applicable version, rather than leave it open to possible misinterpretation.
Should a version number not be stated, sub-article e1 (c) clarifies that the credit would be subject to the latest version in effect on the date the eURC collection instruction is issued.
As further stated in this sub-article, in the event that a collection instruction is made subject to the eURC by means of an amendment, and such amendment has been accepted by all relevant parties, the collection instruction would then be subject to the latest version of the eURC in effect on the date of such amendment.
IMPLICATIONS OF AMENDMENT
As stated above under ‘Version number’, the eURC makes allowances for a situation wherein a collection instruction subject to URC 522 may be amended to be subject to eURC in order to allow for the presentation of electronic records. To amend the collection instruction a presenter may make a simple statement that the condition of a collection instruction being subject to URC 522 is now replaced by subjectivity to eURC Version 1.0.
However, any such amendment requires careful scrutiny of the collection instruction before being issued. In view of the fact that the collection instruction would have been drafted subject to URC 522, then it is consequential that the conditions of the collection instruction were originally mandated upon the presentation of paper documents. As such, the introduction of electronic records requires close assessment in order to ensure there are no potential negative impacts towards the parties under the collection instruction.
TYPES OF PRESENTATIONS
As stated in eURC sub-article e2 (a), the rules will only apply when an electronic record is involved. This can be as part of a presentation consisting solely of electronic records, or as part of a mixed presentation with paper documents.
MODIFICATION OR EXCLUSION OF eURC ARTICLES
In view of the fact that the eURC is a supplement to URC, URC 522 sub-article 1 (a) (Application of URC 522) continues to apply, thereby allowing for modifications and exclusions to be made provided they are expressly stipulated in the collection instruction. This means that there is no need for an equivalent article within the eURC itself. Consequently, the content of eURC can be modified or excluded in the collection instruction, but no provision in a collection instruction should be deemed to modify or exclude an article in the eURC unless the collection instruction expressly so indicates.
