Sworn clause

BirgitK · Post by **BirgitK** » Thu Aug 18, 2016 1:00 am

I would appreciate your comments regarding the following document required:

CERTIFICATE ISSUED AND SIGNED BY THE OWNER, AGENT, CAPTAIN OR
COMPANY OF THE VESSEL ….
WRITTEN ON THE DAY OF 20.
SWORN TO BEFORE ME, ON THE DAY OF 20.
AT
SIGNATURE OF VESSEL'S OWNER, CAPTAIN, AGENT OR COMPANY.
.
The L/C does not indicate that the document must be countersigned by e.g. a notary public.

Is there any indication that the issuing bank is authorized to require a countersignature by a notary public or the like due to the wording 'sworn to before me'?

Thank you and kind regards

HOANGTHIANHTHU_invalid · Post by **HOANGTHIANHTHU_invalid** » Fri Aug 19, 2016 1:00 am

Hi,

The issuing bank cannot raise the discrepancy, e.g., “the certificate not countersigned by notary public” based on the wording “sworn before me”. If the issuing bank intends that the certificate is to be countersigned by notary public, it must so state in the L/C.

Kind regards,
N.H. Duc