Beneficiary Tips: Complying Presentation

Beneficiary Tips: Complying Presentation
Beneficiary Tips: Complying Presentation

Beneficiary's Guide: Ensuring Bank Honor

To obtain honor from a bank, a beneficiary must make a "complying presentation" of documents. This infographic breaks down the crucial steps and considerations to maximize your chances of success.

1. Complying Presentation is Key

  • Strict Adherence: Follow every term of the credit, applicable rules (UCP 600, URDG 758, ISP98), and banking practices.
  • Documents, Not Goods: Banks deal solely with documents, not the underlying transaction or goods.

2. Meticulous Document Preparation

  • Accuracy & Consistency: All details must be precise and consistent across documents.
  • Completeness: Present ALL stipulated documents; even one missing can lead to refusal.
  • Language: Documents issued by beneficiary MUST be in the credit's language.
  • Amount Claimed: NEVER exceed the credit limit. Inconsistent numbers/words invalidate the demand.
  • Signatures & Stationery: Verify all signature requirements and use headed stationery if required.

3. Critical Timing

  • Strict Expiry Date: Presentation MUST be on or before the stated expiry date.
  • Bank Examination: Banks have up to 5 banking days to examine documents.
  • Bank Closures: If expiry falls on a bank closure (not holiday/weekend), it extends to the next banking day.

4. Correct Presentation Logistics

  • Right Bank: Present to the NOMINATED or ISSUING bank (or guarantor).
  • Advising Bank: An advising bank is NOT sufficient unless also nominated for presentation.
  • Mode: Assume paper form unless electronic means are specifically stipulated and authenticated.

5. Understand Bank Obligations & Risks

  • Bank's Duty to Honor: A complying presentation obligates the bank to honor.
  • Discrepancies: Any discrepancy can lead to refusal.
  • Refusal Notification: Bank MUST notify presenter of refusal (with discrepancies) within 5 banking days.
  • Fraud Allegations: Require clear evidence or court injunction to stop payment; mere allegation is insufficient.
Exportreview.com

0 Comments