Uncategorized IS THE CONFIRMING BANK A NOMINATED BANK? By Mr Old Man Posted on March 6, 2010 2 min read 4 0 2,807 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUERY FROM NESAR Dear all, Is the confirming bank always nominated bank. Regardsnesar ———————-COMMENT Dear Nesarul, UCP 600 Article 2 defines the term “nominated bank” as follows: “Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank.” It is understood from the above definition that if a confirmed credit is available with a bank other than the confirming bank, the confirming bank will not be regarded as a nominated bank. Yet, UCP 600 Article 8 (Confirming bank undertaking) refers to the phrase “another nominated bank” that makes us think the confirming bank is also a nominated bank whether the credit is available with itself or with another bank. Based on Article 8 which refers to the confirming bank’s obligation to honour or negotiate if the credit is available with itself or with another nominated bank and that nominated bank fails to honour or negotiate, I tend to support the view that a confirming bank is always a nominated bank. Yet, a silent confirming bank, i.e., adding confirmation to the credit without the issuing bank’s authorization, will not be deemed to be a nominated bank unless the credit is available with any 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?