SIGNING OF DOCUMENTS

PHAM VIET NGA’S QUERY
Subject: query about signatures on documents

Dear Mr. Old Man,

Thank you very very much for considering me as a friend of yours on your blog.

May I ask u 1 question about a case arising in our bank.

We have received 1 set of documents in which the commercial invoice, packing list, certificate of quantity and bill of lading were all signed by 1 person. The commercial invoice, packing list, certificate of quantity were signed on behalf of the beneficiary, on the letter head of the beneficiary while the bill of lading was signed on behalf of the carrier’s agency. The beneficiary and the carrier's agent are apparently different. This sounds so irrational and contradictory but I’m not sure whether we can consider this a mistake or contradiction between the documents.

I also know that many logistics companies make documents for exporters but whether they can sign on behalf of the exporters.

Truly hope to receive the answer from u soon.

Wish you have a nice day!

Thanks and best regards,
PVN

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MR. OLD MAN’S COMMENT
To: Pham Viet Nga
Subject: RE: query about signatures on documents

Dear Nga,

Please disregard my previous responses sent to you last night (while I was waiting for Germany vs Portugal match) and treat this as my final comment to your query.

ISBP 681 Para. 22 stipulates that if a credit indicates that a document is to be issued by a named person or entity, this condition is sastified if the document appears to be issued by the named person or entity. It may appear to be issued by a named person or entity by use of its letterhead, of if there is no letterhead, the document appears to have been completed or signed by, or on behalf of the named person or entity.

In view of the above interpretation, it may be concluded that the documents signed in the manner as described in your case are complying.

The fact that the name of the agent signing the b/l is the same as that of the person or entity singing other documents does not constitute discrepancy provided that the b/l is signed in the manner stipulated as in UCP 600 Article 20 (a)(i).

Also please note that the above opinion reflects my own view and is for your reference only.

Best regards,
Nguyen Huu Duc …