Dear all,
On bill of lading, at box of signature, it shows that:
Abc- as carrier
Xyz- as agent
(Signed)
Is it acceptep?
Because some one says that it is not in accordance with ucp 600 art 20, it must show any entity being agent FOR (ON BEHALF OF ) the carrier. As above mentioned bill of lading, it indicates 'as agent' only.
What are your opinions?
Thanks and regards.
As Agent For The Carrier Or As Agent Only?
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- picant
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I dare say...
Hi Pal,
a bill of lading must be signed by carrier or its agent, in your case it is evident that the carrier is quoted and signed by an agent , quoted, I dare say that it is acceptable as the agent can only sign for the carrier. An old opinion stated some examples of correct signature, but now a bank must check if the document , collectively, represents the l/c and UCP requirements.
Other comments appreciated
Ciao
a bill of lading must be signed by carrier or its agent, in your case it is evident that the carrier is quoted and signed by an agent , quoted, I dare say that it is acceptable as the agent can only sign for the carrier. An old opinion stated some examples of correct signature, but now a bank must check if the document , collectively, represents the l/c and UCP requirements.
Other comments appreciated
Ciao
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Agent of whom
Since an entity can act as agent for many others (master, carrier, customs, freight forwarded, etc) I would see the need of explicitly statement on whose behalf the agent acted.
Regards
C
Regards
C
- picant
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My thoughts
Hi Pals,
Position Paper no. 4 dd september 1994 illustrated some ways of sign a bill of lading.
When UCP 600 entered in force, said Position Paper was not more valid but it represents nowadays too an example for correct signatures even if Banks may accept other manners of correctly signing a bill of lading.
Publication 601 regarding art 20 sub-article (a) (i) describes what is required by way of signature: The party signing the bill of lading must indicate whether it is signing as carrier, master or agent, and if the party is signing as agent, the name of that agent must be included, as well as the capacity in which is signing. Therefore, a simple signature on the bill of lading does not suffice. The indication of the capacity of the one signing the bill of lading must also appear in the signature space. However, if the bill of lading shows the name of the issuing company together with the indication “carrier”, a simple signature in the signature box with the indication “for and on behalf of /name of the issuing company/” or “for and on behalf of the carrier” or a similar indication would be sufficient.
The word “agent” means acting for and can only be referred to the upper signature and indication “carrier”:
This is my opinion
Position Paper no. 4 dd september 1994 illustrated some ways of sign a bill of lading.
When UCP 600 entered in force, said Position Paper was not more valid but it represents nowadays too an example for correct signatures even if Banks may accept other manners of correctly signing a bill of lading.
Publication 601 regarding art 20 sub-article (a) (i) describes what is required by way of signature: The party signing the bill of lading must indicate whether it is signing as carrier, master or agent, and if the party is signing as agent, the name of that agent must be included, as well as the capacity in which is signing. Therefore, a simple signature on the bill of lading does not suffice. The indication of the capacity of the one signing the bill of lading must also appear in the signature space. However, if the bill of lading shows the name of the issuing company together with the indication “carrier”, a simple signature in the signature box with the indication “for and on behalf of /name of the issuing company/” or “for and on behalf of the carrier” or a similar indication would be sufficient.
The word “agent” means acting for and can only be referred to the upper signature and indication “carrier”:
This is my opinion
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what isbp says
Paragraph E5, especially alinea c) underlines the need of an 'explicit' statement about the capacity and on whose behalf the agent signed.
regards
c
regards
c
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Agent of carrier
The proximity of the signature of the agent next to the identification of the carrier should on the face of it leave no doubt that the agent is signing on behalf of the carrier and no other party. Regardless of the current prescription under UCP, banks do generally accept such evidence that the agent is signing on behalf of the carrier even without the required "for or on behalf of".
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Signature of the agent
According to ucp B/l must appear to show:
It is issued and signed by carrier or named agent on behalf of the carrier.
Or signed by master or named agent on the behalf of the master
Any signature by carrier ,master or agent must indicated as it is for carrier ,master or agent .
Any signature by agent must indicate either it is on the behalf of the carrier or master .
It is issued and signed by carrier or named agent on behalf of the carrier.
Or signed by master or named agent on the behalf of the master
Any signature by carrier ,master or agent must indicated as it is for carrier ,master or agent .
Any signature by agent must indicate either it is on the behalf of the carrier or master .
- shafi865
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