Uncategorized PLACE OF AVAILABILITY VS PLACE OF EXPIRY By Mr Old Man Posted on July 20, 2013 2 min read 5 0 15,019 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUESTION Dear Mr. Old Man, We often issue LC available with any bank by acceptance but stipulate that the place for presentation is at the beneficiary's country. The beneficiary does not accept the place for presentation at the applicant’s country as he wants to control the time to present the documents at a bank in his country. Is our stipulation acceptable? Regards,——— ANSWER Hi, LC available by acceptance would require presentation of tenor drafts which are to be drawn on the issuing bank or on a named nominated bank as the case may be. The expiry place should match the place where the LC is available. It is understood from your description that your LC is available with any bank in the beneficiary’s country by acceptance of tenor drafts to be drawn on your bank (I guess so as drafts cannot be drawn on any bank). I must say your LC is badly issued. However, it is acceptable with respect to time and place for presentation. With such stipulation, the beneficiary must present the documents to a bank in his country before or on the expiry date or the last day for presentation, and that this bank will not accept the documents and drafts but forward them to your bank (the issuing bank) for acceptance. Kind regards,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?