Home Uncategorized WHETHER THE SECOND ADVISING BANK IS THE NOMINATED NEGOTIATING BANK

WHETHER THE SECOND ADVISING BANK IS THE NOMINATED NEGOTIATING BANK

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Red Beach 1965 Camera 360

Red Beach, Danang in 1965                               … and now 2014

QUESTION

Hi Sir,

It is me again. Hope that you will be able to provide me with your expertise.

I have received a PRC LC which my bank is the 2nd advising bank.

1st advising bank is a local bank in SG.

I.e. MT700 issued to local Bank whereas my bank indicated under F57A: advise through

LC indicated available with “Advising Bank by Negotiation”

In the above scenario, is my bank as 2nd advising bank is authorized to negotiate the bill?

PS: I noticed that your site no longer carries the “Search” function… If possible, please allow the search as it is a very useful tools for us.

Thanks and regards

Shane Ho

———–

ANSWER

Hi Shane,

“Advising bank” is defined in Article 2 UCP 600 as the  bank that advises the credit at the request of the issuing bank.

The second advising bank should be understood as the bank that advises the credit to the beneficiary at the request of the (first) advising bank, hence, it is not considered to be the advising bank as defined in Article 2 UCP 600.

If the issuing bank intends that the credit is available with the beneficiary’s bank (i.e., second advising bank), it should expressly states so in the credit.

Kind regards,

Mr. Old Man

P/s:  I use Word Press free of charge. Sometimes I find it difficult to access my blog on Word Press. I’ll check when I have time.

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2 Comments

  1. dotcom

    December 1, 2016 at 9:56 am

    Hi Sir,

    Can 1st advising bank contact the beneficiary & negotiate documents directly even there is a 2nd advising bank indicated in the LC?

    Regards,
    dotcom

    Reply

    • mroldman

      December 1, 2016 at 2:36 pm

      Hi,

      Where the L/C is available with any bank by negotiation, the beneficiary may present the documents to any bank including the first advising bank for negotiation.

      Where the L/C is restrictedly available with the second advising bank, the beneficiary who wishes to negotiate the documents should present the documents to the second advising bank for negotiation (as the first advising bank in this case is not the bank that is nominated/authorized by the issuing bank to negotiate the documents).

      Kind regards,
      Mr. Old Man

      Reply

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