| Seller's company A transferred a transferable credit in the amount of US$300,000 to A company and another US$300,000 to a C company. Thereafter, a debtor requested changes in shipping date and the 1st & 2nd beneficiaries accepted the request but the C company rejected the request. For this case, there is a dispute regarding whether the conditional changes are validity.
Case study
1. Transferable credit's condition changes
To make a transferable credit conditionally changable, the 1st & 2nd beneficiaries must agree to the condition changes. If the first beneficiary rejects to agree, the changes are not possible from the beginning.
2.I.C.C.'s opinion on the condition changes with Transferred L/C
According to the Sub-Article 48(c) of U.C.P., "If a credit is transferred to the 2nd grantee that is more than 2 person, the condition changes to a credit disagreed by the 2nd beneficiary won't become null. The credit continues without changes to the 2nd beneficiary who disagreed the condition changes. The I.C.C interprets the same.
Conclusion
The shipping date is changed between the 1st beneficiary A company and the 2nd beneficiary ,and C continues with the orignal credit shipping date without changing.
Case 2
Company X received a credit and transferred it to a D company. But the D company returned the credit to the A company because the company couldn't comply with the product quantities so the A company transferred this to the C company. In this case, would the assignment act allowable in terms with the U.C.P.
Case study
1. Assigning credits
Credit assignments is possible when a credit indicates transferable wording and transferring is only possible through a designed bank only. And unless indicated in the credit terms, assignment is only avaliable for one time. (The Sub-Article 48(g) of U.C.P.)
2. Credit assignment return
According to the U.C.P., "Even if a request of the 2nd beneficiary, credit can not be assigned to the other 3rd beneficiary. For the purpose of the provision, re-assigning to the 1st beneficiary is not regarded as a prohibited assignment. (The Sub-Article 48(g) of U.C.P 500) Therefore, allowing that re-assigning the credit to the C company by the 2nd beneficiary which is D company, if the assignment was returned to the 1st beneficiary which is A, and the 1st beneficiary assigns it to the C company is not a problem. (I.C.C pub 489 case No.288).
|