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Claim . Unpaid Cases Home > Helper
42-Expiry and Place for Presentation of Documents

Case 1
The X bank of A country received a credit from a opening bank located in Hong Kong. In the credit term it reads "This credit is valid for negotiation in country A and is available at our accouters against beneficiary's sight draft on applicant". This is a freely negotiable credit that can be NEGO at any bank in the country A. This is a unclear statement whether it is payable credit by a opening bank so a inquiry is made to I.C.C. for an answer.

Case study
The I.C.C's opinion on this is that it is a negotiation credit and a sight credit. But the statement is not clear to decide where to apply the credit and there needs additional instruction about a opening bank. Therefore, a advising bank may request additional information to the opening bank to clarify this incomplete and unclear credit condition according to the Article 12 of U.C.P., and the opening bank must supply necessary information immediately upon request. (I.C.C pub 459. case No.29)

Case 2
A debtor opened a credit through H bank and notified the opening to a company G. The validity period for this credit was July 20th but there was no indication for document presentation date. The company G shipped the goods based on the credit, and negotiated through a bank and on the cover of the negotiation it reads that the negotiation was made on July 23rd, and on the credit documents, it was presented indicating that the shipping documents were presented within the validity period of the credit. The opening bank declares that even though the documents were presented within the validity period it is discrepancy if the negotiation occurred after the validity period so the payment was rejected for the reason.

Conclusion
According to the Article 42 of U.C.P., the available period in L/C is the final day for the payment, take over and negotiating documents to be presented. Accordingly, if a negotiating bank received documents within the available period of L/C the bank requires some time to review but even if the available period was over, it is not reasonable cause for payment rejection.


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