Applicant's Name Shows Co. Instead Of Co. LLC

[gegeeee]

Guys hy,

I have little question and need your valuable opinion regarding it.

One of the first class bank considerd it as discrepancy, i want you to ask if you think it is a disc.

In LC text applicant is named: XXX trading LLC, when beneficary presented docs in commercial invoice applicants name is XXX trading CO. LLC. As i know in commercial invoice the name of applicant must not conflict with. What do you think is it a discrepancy?

Thanks in advance.

[ANGE]

Hi Gegeee,

In my opinion, it is a discrepancy and article A1 of ISBP 2013 is not applicable.
XXX trading LLC and XXX trading CO. LLC could be 2 different companies.

Regards

AC

[Ashish Sethiya]

Plz refer article 14j.
Brgds

[gegeeee]

Ashish thank you for your email, beacuse of this article i am a little bit confused.

Article 14j. tells us :When the addresses of the beneficiary and the applicant appear in any stipulated document, they need
not be the same as those stated in the credit or in any other stipulated document, but must be within the
same country as the respective addresses mentioned in the credit. Contact details (telefax, telephone, email
and the like) stated as part of the beneficiary's and the applicant's address will be disregarded.

So in my case it is within the same country.

[gegeeee]

At the same time i discovered now that in packing list i have the same situation applicants name is XXX trading CO. LLC. and in LC i have XXX trading LLC. and first class bank did not considered as discrepancy.

Any ideas?

Ashish also article 14j refers address and not name of the applicant or bene.

[jcduarte]

Hello

I think art.14j is not applicable here since it talks about addresses but not about names. Imo, if applicant's name in invoice is not the same as stated in l/c, even slightly, I would consider it as a discrepancy.

I think that this discrepancy has been considered for invoice only because art. 18 a II which says that invoice must be made out in the name of the applicant, and this is not necessary for packing lists unless expressly required in l/c terms.

Other comments appreciated.

Regards

[gegeeee]

jcduarte thanks,


Now i have another case where in commercial invoice Beneficarys name is Techno xxx LTD. and in L/C i have LLC. Techno xxx.

So first class bank considered it as discrepancy again. Is there in UCP article regarding it?
Thanks in advance.

In conclusion as i guess correctly applicants and beneficiarys names must be identical as stated in original L/C.

[Ashish Sethiya]

Fiction: Country India is having different company by making little difference.
1. Techno xxx pvt.Ltd. 2. Techno xxx Ltd. 3. Techno xxx Co. Ltd. 4. Techno xxx LLC
In this situation it should be difficult to identify which one is correct.

I will consider, This is valid discrepancy. Article 14j.

Brgds

[picant]

Hi Pals,

I have a note, but I have to check ICC opinions, the beneficiary's bank on receipt of l/c if the beneficiary name is wrong, may contact the issuing bank stating the correct name and this is linking both banks. If in the meantime the beneficiary name changed, ISBP 745 stated that it is possible to add to the new beneficiary's name a clause "known as... or former
known or the like"
Other comments appreciated
Ciao

[gegeeee]

Ashish thanks for your reply, but article 14 j. talks nothing about names, it is for addresses.

In my case talking goes around Bene and applicant's Names.

[Ashish Sethiya]

Issuer*of*an*invoice!
C2) a. An invoice is to appear to have been issued by the beneficiary or, in the case of a
transferred credit,the second beneficiary.
b. When the beneficiary or second beneficiary has changed its name and the credit
mentions the former name,an invoice may be issued in the name of the new entity
provided that it indicates “formerly known as (name of the beneficiary or second
beneficiary)” or words of similar effect.

*Conclusion: It clearly says beneficiary name as per credit. Except article 38

[gegeeee]

Ashish Sethiya many thanks.

Now it is clear to me.