SIGNED BY HANDWRITING V. MANUALLY SIGNED

HOANGTHIANHTHU_invalid · Post by **HOANGTHIANHTHU_invalid** » Wed Oct 14, 2009 1:00 am

Hi all,

The credit requires all documents to be SIGNED BY HANDWRITING by the issuer of the document.
The bill of lading presented bears a photocopy of a hand-signed signature (or possibly a facsimile signature).

The issuing bank raises the discrepancy “Bill of lading not signed as required by the credit”. However, the negotiating bank rejects the discrepancy reasoning that “signed by handwriting” is understood as oppose to “signed by stamp or chop”. The L/C does not require the documents be manually signed (i.e., photocopy of signature not acceptable). Therefore, the bill of lading is complying with the credit.

I tend not to agree with the negotiating bank’s reasoning. In my opinion, if the credit requires a document to be signed by handwriting or manually signed by the issuer of the document, the document presented must appear to bear the issuer’s original hand-signed signature. Facsimile signature, perforated signature, stamp or symbol … is not acceptable.

Please share your comments whether the negotiating bank’s interpretation of “signed by handwriting” and “manually signed” is correct.

Regards,
N.H. Duc

DanielD · Post by **DanielD** » Wed Oct 14, 2009 1:00 am

N.H. Duc,

Handwritten = manuscrit (in French according to Harrap's). Now in the Larousse: manuscrit = what is written by hand. Therefore IB is right. I have always said that English was a very difficult language, more difficult than French anyway.
Daniel

NigelHolt · Post by **NigelHolt** » Wed Oct 14, 2009 1:00 am

Daniel, English more difficult than French? Quelle blague monsieur! (I first had to look up if ‘blague’ was masculine or feminine. No need to do so with the word ‘joke’.)

Anyway, NHD, from this typically poorly educated Brit’s perspective ‘signed by handwriting’ equates to ‘manually signed’ which in my opinion excludes ‘facsimile’ signatures. I have not mentioned ‘photocopy’ signatures as -in my opinion- they are just not permitted under UCP600 as they simply are not -in my view- ‘signatures’.

HOANGTHIANHTHU_invalid · Post by **HOANGTHIANHTHU_invalid** » Wed Oct 14, 2009 1:00 am

Daniel and Jeremy,

Thanks for your quick comments.

Regards,
N.H.Duc

DanielD · Post by **DanielD** » Wed Oct 14, 2009 1:00 am

Jeremy,

It takes 20 years to learn a bit of French. 30 years for the same bit in English.
Regards
Daniel

NigelHolt · Post by **NigelHolt** » Thu Oct 15, 2009 1:00 am

Lots of laughs Daniel.