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NEGOTIATION UNDER RESERVE AND GUARANTEE IS NOT ALLOWED

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Anonymous # 17. July 2010, 13:41

Jahfer writes: Can you please expline the clause " Negotiation under reserve or Guarantee is not allowed". i hope it will very easy for you.
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COMMENT

Mr. Old Man # 17. July 2010, 16:13

Hi Jahfer,

Negotiation under reserve is understood as the action where the negotiating bank has negotiated the documents containing "minor” discrepancies which are believed to be possibly waived by the issuing bank/applicant). Like negotiation with recourse, negotiation under reserve is made against an agreement or a letter of indeminity (guarantee) under which the beneficiary undertakes to reimburse the negotiating bank the advance amount plus interest if the issuing bank refuses to take up the discrepant documents.
The negotiating bank may state in the covering letter sent to the issuing bank that the documents have been negotiated under reserve, and may also list the discrepancies.

The clause “negotiation under reserve or guarantee is not allowed” means that the negotiating bank is not allowed to negotiate DISCREPANT documents under reserve or against guarantee.

Good night,
Mr. Old Man

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2 Comments

  1. Xvir

    October 29, 2017 at 4:19 pm

    Hello Mr Old Man, weve opened an lc 100percent advance payment, payment will be against presentation of foreign bank guarantee, bene of lc is asking for removal of clause ” negotiation under reserve/guarantee not allowed ” wouldnt it comprise us the applicants bank incase advance payment is made after removal of such clause and bene negotiates docs with bene bank which is also our correspondent and lc advising confirming bank. Kindly guide.

    Reply

    • mroldman

      October 29, 2017 at 4:56 pm

      Hi,

      Whether or not the beneficiary can negotiate the documents with a certain bank depends on the type of L/C that is issued by the issuing bank.

      If L/C is available with the issuing bank by payment, then no bank is authorized (by the issuing bank) to negotiate the documents. If L/C is available with confirming bank/any bank by negotiation, then the confirming bank/any bank is authorized to negotiate the documents.

      As I do not see the L/C, I cannot give an exact answer. However, I understand that when asking for removing the above clause, the beneficiary wishes to receive an L/C that allows him to negotiate the documents with the nominated bank/confirming bank.
      Kind regards,
      Mr. Old Man

      Reply

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