Home Uncategorized SIGNED BY HANDWRITING V. MANUALLY SIGNED

SIGNED BY HANDWRITING V. MANUALLY SIGNED

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N.H. Duc – Viet Nam

Hi all,

The credit requires all documents to be SIGNED BY HANDWRITING by the issuer of the document.
The bill of lading presented bears a photocopy of a hand-signed signature (or possibly a facsimile signature).

The issuing bank raises the discrepancy “Bill of lading not signed as required by the credit”. However, the negotiating bank rejects the discrepancy reasoning that “signed by handwriting” is understood as oppose to “signed by stamp or chop”. The L/C does not require the documents be manually signed (i.e., photocopy of signature not acceptable). Therefore, the bill of lading is complying with the credit.

I tend not to agree with the negotiating bank’s reasoning. In my opinion, if the credit requires a document to be signed by handwriting or manually signed by the issuer of the document, the document presented must appear to bear the issuer’s original hand-signed signature. Facsimile signature, perforated signature, stamp or symbol … is not acceptable.

Please share your comments whether the negotiating bank’s interpretation of “signed by handwriting” and “manually signed” is correct.

Regards,
N.H. Duc

—————

Daniel D – Switzerland

N.H. Duc,

Handwritten = manuscrit (in French according to Harrap's). Now in the Larousse: manuscrit = what is written by hand. Therefore IB is right. I have always said that English was a very difficult language, more difficult than French anyway.
Daniel

——————

JSMITH – United Kingdom

Daniel, English more difficult than French? Quelle blague monsieur! (I first had to look up if ‘blague’ was masculine or feminine. No need to do so with the word ‘joke’.)

Anyway, NHD, from this typically poorly educated Brit’s perspective ‘signed by handwriting’ equates to ‘manually signed’ which in my opinion excludes ‘facsimile’ signatures. I have not mentioned ‘photocopy’ signatures as -in my opinion- they are just not permitted under UCP600 as they simply are not -in my view- ‘signatures’. …

4 Comments

  1. anonymous

    July 15, 2010 at 5:07 pm

    Anonymous writes:Good day Mr. Old Man,By chances, I found your blog via google.I have a question as follows: as a trading company, we are always afraid that our EU customers will be "stolen" by Suppliers in Vietnam and vice versa because they will get information on shipping documents once received. Besides the solution that we have to put some rules to our customers/ Suppliers, do you have any ideas how to deal with documents, etc… to avoid both sides know each other? For example we – as a trading company, bought 01 container from Vietnam to Germany, and price will be CFR Bremerhaven Germany. Then all details of Suppliers/customers will be shown on documents, except the Invoice will be our own name. What should we do in this case, pls help to check and advise based on your experiences soonest.Rgds/ LYB.

    Reply

  2. mroldmanvcb

    July 16, 2010 at 12:07 am

    Hi LYB,To prevent the supplier and the ultimate buyer from knowing each other and directly dealing in the future, the best solution is to make use of SWITCH BILL OF LADING. Switch bill of lading is often called “the trader’s second set” and intended to replace the first set bill of lading issued. It is usually used where a trader like your company wants to keep the name of his supplier, i.e., the shipper, secret from the utimate buyer and vice versus.If you intend to switch bill of lading, you need to obtain the shipping company's agreement in advance. They may agree to issue a new set of bills of lading against the original set and an indemnity.Google the phrase “switch bill of lading” or contact the shipping company/agent to find out more information about how switch bill of lading is issued.If you just want to prevent the buyer from identifying the supplier, you may ask the supplier to indicate in the bill of lading your company as the shipper. Best regards,Mr. Old Man

    Reply

  3. anonymous

    January 23, 2014 at 5:01 pm

    Vikram writes:Is there anyway to get out the situation where the LC calls for B/L to be manually signed but the presented B/L has not been signed manually ?

    Reply

  4. mroldmanvcb

    January 24, 2014 at 8:01 am

    Hi,The best way is that LC should not require BL to be manually signed. So, BL signed with a facsimile signature (pre-printed or scanned signature), stamp, symbol… is acceptable. Regards,

    Reply

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