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WHERE CARRIER S AND AGENT S NAME ARE THE SAME

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QUERY FROM NESAR
Post subject: where cariier and agent name are same

Dear all,

a bill of lading has been presented under a credit where indicated that carrier name: ABC & CO. and on a signature Box an agent of the carrier signed as follows:

[signature]

ABC & Co.
An agent of the named carrier.

Can we raise a discrepency due to the name of the carrier and agent are same.

pls comments.

thanks
nesar

——————
COMMENT
Post subject: Re: where cariier and agent name are same

Dear Nesar,

Hoping the following excerpt from the article by Gary Collyer “More UCP opinions reviewed by the ICC Banking Commission” can help answer your query.

= Quote =

…. The issue centered on whether a party could sign a bill of lading in the capacity of agent for itself i.e., ABC Co. Ltd as agent for ABC Co. Ltd, the carrier. At the October 2007 meeting, the proposed response (to refuse the document on the grounds that a company could not sign as agent of itself and the bill of lading was therefore inconsistent within itself ) was accepted by the majority of the national committees, but a couple requested that the Officer’s seek input from the other two Commissions before we ratified the opinion. The response from the two Commissions was somewhat mixed in that one determined that the party ABC Co. Ltd was the agent, whilst the other referred to the fact that different parts of the same organization could perform different tasks and therefore it was not inconceivable that ABC Co. Ltd could sign as agent of ABC Co. Ltd. Based on this input, the original response was changed to reflect that a bill of lading signed in such a manner would be acceptable under the UCP.

= Unquote =

Best regards,

Nguyen Huu Duc

—————————–

Nesarul
Post subject: Re: where cariier and agent name are same

Dear Sir,

Thanks for nice explanation. it will help me.

thanks
nesar …

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6 Comments

  1. anonymous

    November 9, 2010 at 4:11 pm

    Anonymous writes:DEAR MR OLD MAN,E RAT NGUONG MO KHI ANH RONG LUONG CHIA SE KIEN THUC CHO MOI NGUOIE MUON HOI ANH VAN DE SAU:CAC CTY FORWARDER CO THE KY B/L LA AS CARRIER HAY AS AGENT FOR THE CARRIER???RAT MONG A GIAI DAPCAM ON

    Reply

  2. mroldmanvcb

    November 9, 2010 at 5:11 pm

    Official Opinion R643 / TA669rev – 2005-2008One of the reasons behind conditions such as "freight forwarder bills of lading are not acceptable" or "house bills of lading not acceptable" is to require the issuance of a bill of lading by the carrier, albeit that the freight forwarder or agent could sign the bill of lading according to the requirements expressed in sub-article 20 (a) (i). 😎 If a freight forwarder or agent signs as carrier, the bill of lading becomes a carrier document. 😆

    Reply

  3. abrar2

    November 9, 2010 at 7:11 pm

    Conversely, where an LC states "freight forwarder's B/L acceptable", or the like, the document need not be signed as agent of an identified carrier,or as the carrier itself. Nor in this case, is the document required to evidence the name of the carrier. (ISBP para 95).

    Reply

  4. anonymous

    November 17, 2010 at 10:11 am

    Anonymous writes:NOW I UNDERSTAND THIS CASE.THANK A LOT

    Reply

  5. Faisal Zaheer

    December 12, 2023 at 11:29 pm

    Hi Mr old man.. I have enrolled my self in a certification named Documentary Credit Master (DC Master) by coastline solutions.
    The study material provided by them is very limited.

    When I email them to provide me more study materials or online practice papers they haven’t reply me yet.

    Please guide me to prepare in best way and recommend study material.

    Thanks you.

    Reply

    • Mr Old Man

      December 13, 2023 at 7:52 am

      Sorry but I am not the right person who can help you because I am not a CDCS.

      Reply

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