Uncategorized WHEN IS THE TIME FOR THE ISSUING BANK TO RELEASE THE BILL OF LADING TO THE APPLICANT? By Mr Old Man Posted on May 27, 2010 8 min read 18 0 4,095 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUERY FROM WILLY COOPER Willy Cooper writes: Dear Sir Bill of Laden & LC by negotiating, at sight. Sorry I'm a little confused again 1 LC by negotiation, at sight, with drafts drawn on the issuing bank. a) So after 5 days of presenting the compiling documents to the negotiating bank the negotiating bank is now required to pay me first(with recourse, in a reasonable time of course). And after the negotiating bank has presented the doc's with a sight draft (or telex swift confirmation) to the issuing bank it waits for reimbursement, right? b) Dose the issuing bank release (or can if it wants) the Bill of laden to the buyer before the 5 days that it has to check the documents for discrepancy's? c) If the issuing bank finds a discrepancy, can it still release the Bill of Laden to the customer without first amending the LC? I.e can the customer first take possession of the goods and then have the issuing bank rightfully refuse to pay? And are they now legally his according to the Bill of Laden? d) If the issuing bank has accepted the doc', drafts etc and has given the Bill of laden to the buyer, but it now can't pay due to insolvence who owns the goods? 2) What is the exact difference with a LC negotiated by acceptance particularly with the above in mind? I understand that it is good practise to send the doc's etc with instructions only to release them to the buyer upon payment and/or cosigning the Bill of Laden to the negotiating bank or issuing bank pending payment. But most customers don't want to do that so that they can take advantage of free or low intrest money by doing so (which is understandable). Best regards Willy Cooper ——– MR. OLD MAN Hi, 1.a) Correct. It depends on the issuing bank’s reimbursement undertaking. In the case of T.T reimbursement allowed, the issuing bank may reimburse upon receipt from the negotiating bank of an authenticated swift message certifying that the documents presented are complying. If the issuing bank undertakes to reimburse upon receipt of complying documents, it has a maximum 5 banking days following the day of presentation to determine if the presentation is complying. However, it should honour upon the documents are deterimed to be complying, possibly on the 2nd banking day or the 3rd banking day… 1.b) Once having released the bill of lading to the applicant (buyer), the issuing bank is obligated to pay the documents whether or not they are found to be discrepant later, hence, if the applicant wants to have the bill of lading, he must provide the issuing bank with a written undertaking that he agrees to waiver all discrepancies (if any) and fulfill his obligation toward the issuing bank under the contract for LC opening. If the applicant has met such such conditions, the issuing bank may release the duly endorsed bill of lading to the applicant and effect the payment to the negotiating bank even without checking the documents. 1.c) – No. – The holder in due course of the bill of lading is the righful owner of the goods. 1.d) As said, the holder in due course of the bill of lading is the righful owner of the goods. When the issuing bank has released the duly endorsed bill of lading to applicant, the applicant is the rightfull owner of the goods. If the applicant can not pay due to insolvence and the goods is still owned by the applicant. 2) I’m not sure I fully understand Question No. 2. Under LC available by acceptance, if the documents presented are complying the issuing bank must accept the draft and pay at maturity whether or not the applicant has fulfilled his obligations toward the issuing bank under the contract for LC opening signed between the appicant and the issuing bank. Please bear in mind again that the issuing bank should only agree to release the documents to the applicant when the applicant has fulfilled his obligations under the contract for LC opening, that may includes: – depositing sufficient funds (if the import transaction is self-financed) to secure the payment when due.– providing signed promissory notes if the transaction is financed by the issuing bank. Best regards,Mr. Old Man …
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?