Since the embargo was lifted on Libya, we have been trading directly with a customer there on LC, without any issues. Now the customer has introduced a UK third party and is speaking about a letter of assignment that is needed to accompany the LC. This is new to us and would appreciate any guidance on this, especially any pit falls we should be aware of. Thanks
For avoidance of doubt, and in order for the Forum to provide an appropriate reply, could you please identify whether you are a beneficiary, or an applicant under the LC?
Apologies, we are the beneficiary.
In this case, I'm unsure as to why the applicant is introducing the issue of assignment. Is it not you as beneficiary, who might wish to assign the proceeds of the LC to a third party?
Your right, suspect the new LC will be directly with the third party as the beneficiary with us assigned ?. Assumptions as yet, we need to clarify further. Thanks
Ok, so the beneficiary of the LC is the third party in UK who are satisfying the end customer in Libya with a complete project of which some of the goods are coming from us. Third party has drawn a notice of assignment to us, which is irrevocable and unconditional, question is how does this work and when do we get paid, i.e are we subject to the LC conditions to the third party ? Any help or further guidance appreciated.
What should be happening in principle is that the beneficiary should be assigning a part of the proceeds (not the performance obligations) to you. Your contract remains that between you and the beneficiary.
You should have received a Letter of Assignment from the "nominated" bank under the LC, which should indicate that the bank has received a valid Notice of Assignment from the LC beneficiary, recognising you as a bonafide assignee under the LC, and subject to compliant presentations being made under the LC, and subject to funds being freely disposable, payment would be made to you for the value of the assignment.
Points to note:
1. Whilst the assignment notice may be considered irrevocable from the point of view of the assignor, there may be circumstances (however remote) which might prevent the bank from paying. Injunctions, manifest fraud, under the underlying contract between the LC beneficiary and LC applicant might all frustrate payment under the LC, and thereby payment under the assignment
2. Factors such as the beneficiary not performing (i.e present documents under the LC), LC expiring, or if the documents are found to be discrepant, (and whilst these are factors outside your immediate control) would all have a bearing in your receiving payment.
3. The beneficiary may also have assigned part of the LC to another assignee, and unless the bank which advises you of this on the assignment advice, you should be aware that payments from the proceeds of presentation, under the respective assignments would be paid out in order of precedence.
As you will not be involved under the LC (and unless you have control over the beneficiary's performance under the LC) , the assignment should not necessarily be looked at as a secure source of payment.
Hello Abrar (and Kevin)
As the assignment will not give the second party any rights under the credit, would it not be better to ask rather for nomination as a second beneficiary under a transferable credit?
yes?
cheers
phill doran
...thus: another step on the road to mercantile enlightenment...
Absolutely. The beneficiary could request a transferable LC, allowing them to transfer to whomsoever they choose. But provided the sub-contractee has an interest in performing under the LC.
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