supplier's certificate signed by the first beneficiary

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jim
Posts: 91
Joined: Fri Aug 15, 2008 11:58 am

supplier's certificate signed by the first beneficiary

Post by jim » Sun Apr 18, 2010 3:19 pm

dear sir,
we know that in a transferable letter of credit, the name of the applicant may be replaced by that of the first beneficiary. Now the letter of credit requires;

Supplier’s certificate signed by the (name of the applicant here) stating that…………

Is it possible to replace the name of the applicant here with that of the first beneficiary?

In another case if a transferred letter of credit says

Supplier’s certificate signed by the (name of the first beneficiary here) stating that…………

In this case who can issue this certificate?

Does the second beneficiary has to get the sign of the first beneficiary to make his documents complying?

If the first beneficiary is to substitute his document and want to replace this certificate, is it possible? If yes, who will sign the certificate?

Negotiator
Posts: 47
Joined: Thu Mar 18, 2010 6:36 am
First Name: Ivan
Last Name: Lee
Organization: N Bank
Filter: Two Plus Two =: 4

I doubt...

Post by Negotiator » Sat May 01, 2010 8:33 pm

Dear Jim,

With regard to your case, I think that it's impossible to replace the name of the applicant with that of the first beneficiary.
UCP 600 Article 38.g.

The name of the first beneficiary may be substituted for that of the applicant in the credit.
If the name of the applicant is specifically required by the credit to appear in any document other than the invoice, such requirement must be reflected in the transferred credit.
I think the latter sentence above should be applied to your case. If the original L/C requires the certificate to be signed by specific party, it will be inevitable that the certificate shows the name of that signing party. To comply with the original L/C, the certificate must show the applicant's name as the signing party.

The answer would be different if the original L/C expressly permits to replace the name of the applicant with that of the first beneficiary, but the applicant may not be willing to insert such a condition in most cases.

Thanks and regards.
Lee

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