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INSURANCE PERCENTAGE UNDER TRANSFERRED LC AND…

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QUESTION

Dear Mr. Old Man,

I've already seen your picture, still younger than young, so why you or others call you Mr. Old Man?

Anyway, I just follow as it is.

Hope you're (and the big family) just fine.

By the way, I've got some questions concerning UCP 600:

1. Article 38 (Transferable ) g……The percentage for which insurance cover must be effected may be increased to provide the amount of cover stipulated in the credit or these articles.

Could you pls give an example?

2. Pls also clarify Art.38 j

3. Article 31 a Partial drawings or shipments are allowed.

If a credit indicates partial shipment : prohibited…, is Art. 31a automatically applicable? or should the credit expressly mentions : Article 31 a UCP 600 is not applicable in addition to the statement partial shipment :prohibited.

Thank you much for your valuable time spent to respond my three questions.

God bless you.

Pitman
Bandung West Java Indonesia
—————————

ANSWER

Dear Pitman,

I sometimes receive the same question as yours. “Mr. Old Man” is just a nickname given to me by a young student at a university when I first joined Yahoo! 360 Blog in 2007. The name has become familiar to thousands of students and colleagues, who eat, sleep and breathe L/C and remained unchanged so far. And I like it.

1) Sub-article 38(g) provides: “…The transferred credit must accurately reflect the terms and conditions of the credit, including confirmation, if any, with the exception of: … The percentage for which insurance cover must be effected may be increased to provide the amount of cover stipulated in the credit or these articles”.

Here is an example to illustrate the provision:

A transferable LC is issued for USD100,000 with insurance policy/certificate required to cover 110% of invoice value.

If the LC is transferred for USD85,000, then the insurance policy/certificate is required to cover 129,42% of invoice value.

2) Sub-article 38 (j) says: “The first beneficiary may, in its request for transfer, indicate that honour or negotiation is to be effected to a second beneficiary at the place to which the credit has been transferred, up to and including the expiry date of the credit. This is without prejudice to the right of the first beneficiary in accordance with sub-article 38 (h)”.

The purpose of sub-article 38(j), according to Gary Collyer, is to allow the first beneficiary to nominate the second beneficiary to honour or negotiate. However, such a nomination must be agreed by the transferring bank.

I just want to add: If it is the case, in accordance with sub-article 38(h) and (k), presentation of documents are required to be made to the transferring bank in order for the first beneficiary to substitute its own invoice and drafts.

3) I see that where LC states partial shipments are prohibited or not allowed, there’s no need for the LC to exclude sub-article 31(a).

Best regards,
Mr. Old Man

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6 Comments

  1. anonymous

    March 5, 2013 at 10:03 am

    V-Acura writes:Dear Mr. Old Man,Pls kindly advise the currency on transferable L/C can be different or not.For example: We open transferable L/C to our consignee in VND, but then they transfer to manufacture in Europe in EUR.I hope so much to receive your soonest advise>Thank you so much!

    Reply

  2. mroldmanvcb

    March 5, 2013 at 3:03 pm

    Dear V. Acura,I ever answered the same question as yours.Sub-article 38(g) allows the L/C amount to be reduced but does not allow to change the currency code. So, the answer is "No".What happens if the 1st beneficiary fails to substitute its own invoice dand draft and the transferring bank must present the documents (including invoice in EUR)as received from the 2nd beneficiary to the issuing bank?So, no, no, no.Best regards,Mr. Old Man

    Reply

  3. anonymous

    November 18, 2013 at 3:11 am

    Vinod writes:Dear Sir.Need a clarification on transferable LC regarding clause 42C.- If the original LC mentions LC at sight, can the 1st beneficiary change this to LC 30 days usance when transferring this LC to the 2nd beneficiary ( if 2nd beneficiary agrees to LC 30 days).If a sight LC is transferred as a sight LC, we forsee this problem : The 2nd beneficiary after shipment will send the original docs to 1st beneficiary's bank for payment on sight basis. The bank that transferred this LC wont have the money for this draft and will then have to wait for 15 days min for the payment to come from the buyers bank, after 1st beneficiary switches the invoice and bill of exchange. (courier thru collection basis).Hence, can the LC be transferred for a usance period of around 30 days, enough time to get the payment from buyers bank. Or will the shipper have to wait for 15 to 20 days for the payment from 1st beneficiary's bank?Pls advise early.Thanks [email protected]

    Reply

  4. mroldmanvcb

    November 18, 2013 at 9:11 am

    Dear Vinod,Article 38 (g) says that the transferred LC must accurately reflect the terms and conditions of the LC with specific exceptions listed in the same article. So, the 1st beneficiary cannot change the type of LC from sight basis to usance basis when transferring the LC to the 2nd beneficiary. Only the agreement between the 1st beneficiary and the 2nd beneficiary is not sufficient for the transferring bank to transfer the LC with such a change. There’s no need for the 1st beneficiary to insist on such a change because unless the transferring bank is the confirming bank, the transferring bank would undertake to pay the 2nd beneficiary only after receipt of the proceeds from the issuing bank whether the LC is payable at sight or at xxx days sight. Regards,Mr. Old Man

    Reply

  5. suhash wasnikar

    June 13, 2016 at 5:40 pm

    in this case we need to take insurance policy CIF + 42% at inception while opening LC

    Reply

    • mroldman

      June 13, 2016 at 10:08 pm

      I think my above example is clear enough:
      A transferable LC is issued for US100,000 with insurance policy/certificate required to cover 110% of invoice value. If the LC is transferred for USD85,000, then the insurance policy/certificate is required to cover 129,42% of invoice value.

      Reply

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