Direct Presentation By Second Beneficiary

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hardy2175
Posts: 34
Joined: Mon Jun 13, 2011 12:23 pm
First Name: hardy
Last Name: singh
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Direct Presentation By Second Beneficiary

Post by hardy2175 » Sat Apr 04, 2015 9:52 pm

considering the Art. 38 (k) can issuing bank raise discrepancy of direct presentation (i/e presentation to issuing bank i/o transfering bank)?

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picant
Posts: 2026
Joined: Wed Aug 20, 2008 1:49 pm

Yes,

Post by picant » Mon Apr 06, 2015 11:45 am

Hi Pal,

the Art 38 k has been introduced to protect first beneficiary. Only in case of 100% transfer and without substitution of invoice the transferring bank, not confirming, may dispose the sending of documents directly to issuing bank.
Probably the issuing bank on receipt of such documents will adjust the presentation contacting the transferring bank, but it must save the interests of first beneficiary.
Other comments appreciated
Ciao

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