What are the minimum conditions for a document ?

NigelHolt · Post by **NigelHolt** » Thu Jan 22, 2004 12:00 am

If I had to chose a camp, having thought about it further, it would be the Phil (and Judith?) one at the moment. I agree that Article 21 contains an exhortation to specify –in a credit- the issuer of a particular document. However, I remain to be convinced by the argument that this implies all documents must purport to have an issuer. I think the point made by Judith, that the last sentence refers to data content only, is a good one. I take the point regarding para 197, but -if correct- this relates to a document that must be signed (as it is described as a ‘certificate’; para 8 refers).

The document that was the subject of the original query was a packing list. This document does not require any signature and my understanding is that generally an unsigned document is not binding and therefore does not create any rights for users of the document against the issuer. Therefore, provided this non-binding document appears to give the relevant information, I cannot currently see that the absence of an apparent issuer is reason for its refusal as this information would logically add nothing -of a legal nature- to the document.

Overall, to me the ostensible purpose of this article is to protect banks against precisely the sort of problem that gave rise to the query. However, my mind is not closed on the subject and I am perfectly prepared to consider contrary views.

PGauntlett · Post by **PGauntlett** » Mon Jan 26, 2004 12:00 am

Laurence,

Initially I was simply applying 25+ years' practical experience in handling l/c's. I have, however, had a delve and come up with case 21 in Case Studies on Doc Credits (publ 535) which appears to support my view (I do realise that this publication has a certain 'pariah' status attached to it!)

Phil

PavelA · Post by **PavelA** » Mon Feb 02, 2004 12:00 am

I agree with Phil´s opinion re. issuer issue in relation to the packing list in this case.
Re. the comment of Jeremy regarding the "linkage" issue - I also feel that the stance of the ICC Banking Commission re. this issue is not "100%" clear.
However I think that the packing list showing packing details would provide some "linkage" to the invoice for instance - showing packing details of the invoiced goods?

regards,

Pavel Andrle