With the introduction of Uniform Rules for Documentary Guarantee or URDG 758, the rules for Documentary Guarantee seem to be popular again. It can be imagined from the increasing number of questions that have popped up in recent days. Documentary Guarantee Forum is an effort to develop a platform to discuss these questions.
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CDCS2009
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by CDCS2009 » Wed Jan 05, 2011 12:32 am
hi,
Article 2 of URDG758 reads,
expiry event means an event which under the terms of the guarantee results in its expiry, whether immediately or within a specified time after the event occurs, for which purpose the event is deemed to occur only:
a. when a document specified in the guarantee as indicating the occurrence of the event is presented to the guarantor, or
to my understanding that since no specific presenter is mentioned here, it could be presented by anyone including applicant
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abrar
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by abrar » Wed Jan 05, 2011 1:03 am
Yes, although it is likely to be the applicant.
However, the exact nature of the document, and presenter (if a party other than the applicant) would be defined in the guarantee.
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leekaiyin55
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by leekaiyin55 » Thu Mar 01, 2012 1:56 pm
This article refers to an (expiry) event which can fillful or trigger off the conditions of the expiry of the said BG. It is not talking about who should present the required documents and in what manner.
Ideally, the questions of who, how, what, when should be answered within the text of the said BG. In absence of that, the burden of proof rests on the one who proclaim the same.