Beneficiary's Cert. issued and signed by its agent

[ucp800]

Dear Expert,

May I ask for your comment on the following document issuer?


L/C Beneficiary’s name : ABC Co. Ltd.

L/C called for Beneficiary’s Cert. certifying that the goods quality and specification are as per proforma invoice no. ABC123.


Certificate presented stating that “We, DEF Co. Ltd, are agents on behalf of ABC Co. Ltd. We hereby certifying that the goods quality and specification are as per proforma invoice no. ABC123.”

A) This certificate is issued and signed by DEF Co. Ltd.
B) This certificate is bearing ABC Co. Ltd. Letterhead but signed by DEF Co. Ltd. on behalf of ABC Co. Ltd.

I treat this document must be issued and signed by the beneficiary instead of its agent.
Therefore Case A is discrepant.

Case B is acceptable.


Furthermore, please also comment whether invoice can be

1) issued and signed by its agent.

2) issued by the beneficiary (bearing ABC Co. Ltd. Letterhead) but signed by its agent on behalf of this beneficiary.

Case 1 should be a discrepancy.

Case 2 is acceptable.

Please comment!

Thank you for your assistance.

Regards,
ucp 800

[jmitra]

for the first case two rules to consider;

1. the requirement of the LC
2. the requirement of ISBP. (ISBP paragraph- 22 It may appear to be issued by a named person or entity by use of its letterhead, or if there is no letterhead, the document appears to have been completed or signed by, or on behalf of the named person or entity.)

LC calls for beneficiary's certificate; this means certificate issued by the beneficiary.
example (a) does not comply
example (b) complies

so your conclusion agreed

for case 2 consider UCP 600 article 18 as well.
case 1 is discrepant as it conflicts with UCP. case 2 should be acceptable.
agree with your conclusion

[Ljo]

Dear Both,
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(ISBP paragraph- 22 It may appear to be issued by a named person or entity by use of its letterhead, or if there is no letterhead, the document appears to have been completed or signed by, or on behalf of the named person or entity.)


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Please read the words in bold above, for case 1 (B) who would you say has "issued" the beneficiary certificate?

According to me:
- A is compliant (as ISBP states that it may be signed "on behalf of" ....)
- B is discrepant as the issuer is ambiguous.

Would appreciate your further comments