Answer:
While negotiating the documents under Letter of
Credit, utmost care should be taken on the following points :-
1.
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Letter of Credit:
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(a)
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Examine whether it is a revocable or an
irrevocable L/C. No documents should be negotiated under revocable L/C.
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(b)
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If the L/C is transmitted by Telex, the same must
be authenticated by authorized signatory of the Advising Bank.
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(c)
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If the L/C is an Air-mailed one, the signature
thereon must be verified by the Advising Bank for authentication purpose.
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(d)
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Whether the opening bank is with a good means and
standing, if not whether confirmation from a third bank already been
obtained.
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(e)
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Whether
the L/C is subject to UCPDC, ICC Publication 600.
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(f)
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Negotiation and reimbursement clauses of the L/C
should be very clear i.e. unambiguous. For Example, (i) where negotiation
remains restricted with advising bank only, the relative documents under that
credit can not be negotiated freely by any bank. (ii) where the reimbursement
clause is a conditional one, the documents under that clause should not be
negotiated.
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2.
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Bill of Exchange/Draft:
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(a)
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Whether the draft has been drawn as per terms of
the credit and is dated and signed by the beneficiary.
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(b)
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The date, amount in words and figures, drawee’s
name and drawer’s signature, tenor etc. are must be as per credit terms &
in conformity with the Invoice and other documents.
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(c)
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Whether
it is drawn on a bank as per L/C terms.
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(d)
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In case of usance bills whether the required Stamp
has been affixed.
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3.
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Invoice:
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(a)
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The price, price terms, quality, quantity, total
value and all other specifications of the goods should be quoted in the
invoice as per credit terms.
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(b)
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The
number of copies should be exactly with the credit terms.
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(c)
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All the
copies must be signed by the beneficiary.
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(d)
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The shipping marks, no of packing as shown in B/L
are mentioned properly & correctly.
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(e)
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All other informations that are desired by the
credit should be appended thereof exactly.
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4.
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Packing List:
It means the specification of packing of goods
shipped by the shipper under a letter of credit :-
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(a)
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Mode of packing and number of packing should be in
conformity with the terms of the credit.
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5.
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Certificate of Origin:
It is the evidence where the goods have been
manufactured. It should be issued by the organization as laid down in the
credit. Generally the Chamber of Commerce of the exporting country issues
such a certificate.
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6.
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Bill of Lading/FCR:
It is a title to the goods which is issued by the
|Master/Captain of the Ship acknowledging the receipt of the goods on board
and undertakes to deliver the same to the place of destination as specified
thereon:-
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(a)
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Full sets
of B/L copies should be submitted as per credit terms.
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(b)
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Clean
‘shipped on Board’ B/L is internationally acceptable.
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(c)
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Examine whether the B/L has been properly dated
i.e. stale or combined or charter party B/L or short form of B/L not
acceptable unless specified in the credit.
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(d)
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The port of loading, the port of
destination/discharge and the name of carrying vessel must be incorporated in
the B/L.
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(e)
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B/L should be duly signed and drawn or endorsed to
the order of the bank as specified in the credit.
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(f)
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Notify
party’s name should be incorporated in the B/L as per credit terms.
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(g)
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If the shipment is made on FOB basis, Freight
collect at the port of destination must be mentioned in the B/L.
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(h)
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If the shipment is made on C & F basis,
freight prepaid must be mentioned in to B/L.
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(i)
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Shipment made in the proper shipping line and
within the shipment validity of the credit.
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7) Other Documents:
Any other papers/documents such as
Weight and Measurement Certificate, Radiation certificate, Phytosanitory
Certificate, manufacturer’s Certificate, and Inspection Certificate etc. as
stipulated in the credit must be examined carefully before negotiating the
documents and to be confirmed that all are properly and timely submitted.
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