Acceptance of discrepancies

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phill doran
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Joined: 02/10/2009
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Hello All

The documents are discrepant and sent forward on a collection basis.

The applicant has sighted the documents and is ‘happy’ – the beneficiary has received confirmation from the issuing bank that the documents have been accepted.

Payment is at a future date.

The correspondence from the issuing bank (regarding the acceptance) makes reference to the credit and the credit number.

My question is this – have the papers been accepted under the credit? I.e. is the credit still there as an undertaking by the issuing bank to pay, or has it all fallen away to be replaced by a straight ‘acceptance’? (And if so, is the issuing bank right to quote the LC number in the correspondence?)

Your advice is appreciated...

Cheers

phill doran

"...in armour bright, the merchant men..."

Abrar
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Joined: 03/12/2009
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Collection

I think the approach taken by the issuing bank would be  influenced by the wording of the "collection" schedule. 

Many banks, on being instructed to send the documents forward on "approval", despatch using their standard "collection" schedule, which is preprinted with wording that the documents are being forwarded on "collection" under URC522. If this is the case, I suggest that the issuing bank would be absolved of its reponsibility under the LC, and will only pay (at sight or at maturity) subject to applicants/drawee's approval and funds being at its disposal. It simply becomes a paying agent for the applicant.

However, if the documents have been forwarded "on approval" under protection of UCP600, then the issuing bank is fully engaged thereunder, and has to follow all relevant procedures. They would be obliged to check the documents, and revert within five days with formal notice of rejection, and that they are seeking waiver, etc. If the issuing bank fails to follow this, they would be obliged to pay.

So, it depends on which of the ICC rules have been invoked, and also the exact wording used by the issuing bank in its "acceptance".

As to whether reference to the LC number inadvertently engages the issuing bank is a moot point, but may be an influencing factor if read in context with the other information, as stated above.

phill doran
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Joined: 02/10/2009
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many thanks

Hello Abrar

I really appreciate your support in this and the precision of your reply.

If I am kept informed of how this matter resolves itself, I will revert.

cheers

phill doran

"...in armour bright, the merchant men..." 

phill doran
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Joined: 02/10/2009
Posts:
many thanks

Hello Abrar

I really appreciate your support in this and the precision of your reply.

If I am kept informed of how this matter resolves itself, I will revert.

cheers

phill doran

"...in armour bright, the merchant men..." 

palakol
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Joined: 05/06/2008
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Collection or LC

In collection, under urc522 , discrepancies are not required to be accepted or i must say documents are not required to be checked. therefore there is no point that issuing bank will accept the discrepancies under collection. If issuing bank mentioned the LC No. then he is considering it under LC and not under collection, as in collection ,you will apply a diferrent reference no. pertaining to inward collection document.

Moreover,in collection, banks do not undertake to pay the bill amount even documents are accepted by the drawee, so you would notice that they will put in their message the clause" we shall remit the amount usd xxx only upon receipt of payment from drawee (in case of usance douments)

phill doran
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Joined: 02/10/2009
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thanks

hello

thanks for the additional information - much appreciated

cheers

phill doran

"...in armour bright, the merchant men..."