negotiation , prepaid,purchase, discounting

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hassan
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Joined: 04/20/2008
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Dear friends,
what is difference between "negotiation"(Art. 2) , "prepaid or purchased" (Art. 7(c)and Art. 8 (c)and also difference between all of them with "discounting"(a draft)?
i would appretiate if you give an explanation together with example.


Currer
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Joined: 06/12/2008
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negotiation vs def. payment and acceptance

Hello,

article 2 defines negotiation as "purchase .... by advancing" - article 7 (c) and 8 (c) refer to the authorization to offer prepayment or purchase under a documentary credit available either by deferred payment or acceptance.

Thus the reimbursement claim vis-á-vis the issuing bank 7 (c) or confirming bank 8 (c) may either be based on a nominated bank having honoured (including the use of the authorisation given by 12 (b)) or on a nominated bank having negotiated.

Thus the reference to "prepaid or purchased" in 7 and 8 is not linked to documentary credits available by negotiation.

Maybe it helps to separate these issues in accordance with the availability of the documentary credit in question.

As a draft may be asked for in a documentary credit being either available by negotiation or acceptance it seems not to fit in the distinction of Honour or Negotiate. By avoiding the use of "discount" the UCP keep options for nominated banks open as to how purchase or prepayment occurs.

Kind regards

 

Currer

Frammi
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Joined: 08/17/2007
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Please be much more specific and only one question at a time

For the time being, my answer is forty-two!

                                                    -Deep Thought-

-Each long journey starts with a small step-

Best regards

Frammi

shahriar
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Joined: 08/25/2007
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end result

dear hassan,

 

i believe that i have already tried to answer you here

http://www.besttradesolution.com/forum/viewtopic.php?f=2&t=27

just to add that i have discussed the matter with some international experts and the the final resutl was interpretating UCP by grammar is the job of lawyer.

there is a recent post on LC views on the issue. you may wanna have a look at it

 

regd

shahriar

 

Shahriar

iLC
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Joined: 06/26/2008
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risk

risk fact that makes them different

negotiaition - nominated bank has some risk

prepay - no risk

purchase- risk is there

besides, discount is for own accepted bill only. therefore no risk!!

about the discussion on other forum, UCP has used a no of terms interchangeably  

iLC