41D: field of Swift 700 says "LC available by any bank in China" for negotiation

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Fena
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Joined: 02/25/2008
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HI LC experts,

Need your comments for following

41D: field of swift700 says "LC available with any bank in China for negotiation" . Issuing bank is in USA and beneficiary is from China, Bene directly presents the documents to issuing bank.

 Can issuing bank rejects the documents saying that documents are directly presented by bene? Here the act of issuing bank is correct or not.

xinlala
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M. Obaid Rao
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Joined: 03/08/2008
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Issuing Bank never reject

Dear Fena,

its very easy to understand. Sub Article 6.a UCP600 "A credit available with a nominated bank is also available with the issuing bank."

also Sub Article 6.e "a presentation by or on behalf of the beneficiary must be made on or before the expiry date."

Now you can easitly understand that issuing bank never refuse your documents for that reason.

pan
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Joined: 09/13/2007
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Fair use of Swift

Dear friend,

Swift instructed the banks advising L/C freely negotiable to add something in their communication, one is that the original L/C must be presented when availment is made.

Concerning direct presentation by beneficiary, Commentary on UCP 600, broch 680, is clear at art 6, a, stating that is general rule that whilst a documentary credit may be made available with nominated bank, it is always available with the issuing bank. As result, a beneficiary always has the right to present documents either to the nominated bank or directly to issuing bank:

Is the issuing bank that must ascertain that all is in order, by, e.g., requiring the original l/c advice along with documents.

That's all folk

Ciao

Frammi
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Joined: 08/17/2007
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One of the ugly articles of UCP 600, art.6 direct presentations

The comment of SWIFT on Art. 6 is very helpful. What a shame, I didn't read it before.

Honestly speaking this passage of article 6 should always be deleted in your credits!!

Why?

On one side under freely negotiable credits, the issuing bank needs a confirmation to the extent that the amount of the drawing has been endorsed on the back of the credit instrument. This is necessary to avoid double payments.

On the other side the situation under a letter of credit is very similar to the situation under a payment guarantee. With the letter of credit, the issuing bank enters a payment obligation towards the beneficiary.

This obligation is only decreased by payments effected to the true beneficiary. If the issuing bank should pay to someone who is not the true beneficiary, they have to prove that they took reasonable care in ensuring that payment has been made to the beneficiary.

If they cannot prove this, they have no claim against the applicant.

If docs are presented through a bank, one can assume that this bank has checked the identity of their clients and that they have cross-checked that the presenter and the beneficiary are identical.

Under a direct presentation, the issuing bank would need a confirmation to the extent that the presenter and the beneficiary are identical and under a freely negotiable credit also that the amount of the drawing has been endorsed on the credit.

-Each long journey starts with a small step-

Best regards

Frammi

Frammi
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Frammi
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