Late presentation, LC expired
Posted: Wed Jun 15, 2011 1:00 am
L/C shows under field 48 " Period for Presentation" reads : DOCUMENTS MUST BE PRESENTED AT PLACE OF EXPIRATION WITHIN (15 ) DAYS OF ISSUE DATE OF TRANSPORT DOCUMENTS AND WITHIN THE L/C VALIDITY ".
UCP 600 Art 14 C reads : A PRESENTATION INCLUDING ONE OR MORE ORIGINAL TRANSPORT DOCUMENTS SUBJECT TO ARTICLES 19,20,21,22,23,24 OR 25 MUST BE MADE BY OR ON BEHALF OF THE BENEFICIARY NOT LATER THAN 21 CALENDAR DAYS AFTER THE DATE OF SHIPMENT AS DESCRIBED IN THESE RULES, BUT IN ANY EVENT NOT LATER THAN THE EXPIRY DATE OF THE CREDIT.
Some people's interpretation to the clause for presentation period is that both conditions must be fulfilled, i.e. docts must be presented within 15 days AND also must be within L/C expiry otherwise even though the docts are presented within 15 days but after expiry date, late presentation exists.
I think late presentation and L/C expiry are 2 different issues. If docts are presented to the nominated bank after expiry but within 15 days after shipment date, The discrepancy is only L/C expired, not late presentation. e.g. L/C expiry date is April 1 . Period for presentation is 15 days after shipment date. B/L showing shipment date as March 20 and docts presented to the nominated bank's counter is April 3. In this case, there is only one discrepancy that is L/C expired (there is no late presentation).
Do you agree ?
Shahed
Toronto
UCP 600 Art 14 C reads : A PRESENTATION INCLUDING ONE OR MORE ORIGINAL TRANSPORT DOCUMENTS SUBJECT TO ARTICLES 19,20,21,22,23,24 OR 25 MUST BE MADE BY OR ON BEHALF OF THE BENEFICIARY NOT LATER THAN 21 CALENDAR DAYS AFTER THE DATE OF SHIPMENT AS DESCRIBED IN THESE RULES, BUT IN ANY EVENT NOT LATER THAN THE EXPIRY DATE OF THE CREDIT.
Some people's interpretation to the clause for presentation period is that both conditions must be fulfilled, i.e. docts must be presented within 15 days AND also must be within L/C expiry otherwise even though the docts are presented within 15 days but after expiry date, late presentation exists.
I think late presentation and L/C expiry are 2 different issues. If docts are presented to the nominated bank after expiry but within 15 days after shipment date, The discrepancy is only L/C expired, not late presentation. e.g. L/C expiry date is April 1 . Period for presentation is 15 days after shipment date. B/L showing shipment date as March 20 and docts presented to the nominated bank's counter is April 3. In this case, there is only one discrepancy that is L/C expired (there is no late presentation).
Do you agree ?
Shahed
Toronto