Uncategorized NEGOTIATION UNDER RESERVE AND GUARANTEE IS NOT ALLOWED By Mr Old Man Posted on July 18, 2010 1 min read 2 0 10,832 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUERY 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. ————–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
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?