do copies need to be signed

[NormandDArcy]

the credit states "signed invoice in one original and 3 copies". The question is whether the "signed" refers only to the original (article 20.b.) or to the copies as well and if it applies to the copies, then do they need to be originally signed or is a photocopy of the signature acceptable. Does article 20.c.i. not apply?

[BillSlowinski]

As you state, UCP article 20c(i) states "copy(ies) need not to be signed." The Credit asks for signed original and 3 copies. What purpose would photocopies of the signed commercial invoice provide in addition to the originally signed invoice that has been presented? If the presenter required the copies to bear the signature then the issuer need to clearly state the requirement. Ambiguity is to be taken as strongly against the issuer as a reasonable reading justifies. The one test I have used in the past - would refusal for the discrepancy stand up in court?

[NormandDArcy]

thank you Bill for your comments. I am of the same opinion but thought I'd throw the question out there as I just had an issuing bank refuse documents on those grounds.

[larryBacon]

If the intention was that all invoices were to be signed, then the text in the LC should have read "signed invoices (plural) in one original plus 3 copies", whereas this LC calls for "signed invoice ..."(singular) and indicates a single signed original plus 3 unsigned copies. Therefore no discrepancy if the copies were unsigned.

Laurence

[POLTERD.]

danap
Romania
I strongly agree with Laurance here.I speak both as Issuing Bank and Advising Bank,considering that there is not a discrepancy in this case.

[NormandDArcy]

let's say for all intensive purposes, that it did state invoices in plural, how would be copies need to be signed? Photocopy of signature from original document? Originally signed copies? Either or?

[larryBacon]

Bear in mind that one of the criteria for determining if a document is original is that of an original signature. Therefore, a copy invoice with an original signature could be described as original, ceteris paribus.

Laurence

[NigelHolt]

Hello All,

Just back from the Annual Survey of Letter of Credit Law and Practice, run by the IIBLP, this one in La Hulpe, Belgium. This was the 4th I’ve attended and, as ever, it was well worth attending. Therefore, I would recommend it to any senior doc credit ‘practitioner’.

As to the matter at hand, without liability & responsibility and personally, based on the provisions of the UCP where a credit stated "signed invoice [or “invoices”] in one original and 3 copies" I would not consider the copies required any form of signature (whether apparently original or not) to appear thereon. To me, the only way to ensure -beyond dispute- one is entitled to more than one signed ‘copy’ of the invoice is to say something like “Invoice in [no., e.g. ‘three’] signed originals”.

Jeremy