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Demand Does Not Identify Guarantee Number

Posted: Mon Mar 04, 2013 2:57 pm
by Finance
Demand was made under a guarantee issued by our bank. Guarantee was issued under URDG 758
Guarantee was advised to the beneficiary bank via an an intermediary (advising) bank.
Demand was also transmitted to our bank via the same intermediary bank.
Intermediary bank has identified our guarantee number in their advice of the guarantee to our bank, but they do so without any liability or risk to themselves.
The actual demand from the beneficiary does not identify under what guarantee the claim is made.
As per article 14 of URDG: "Each presentation shall identify the guarantee under which it is made, such as by stating the guarantor’s reference number for the guarantee".
As the demand does not itself identify the guarantee under which the presentation is made, are we required to examine the guarantee? Or can we send a message to the beneficiary via their bank stating that as per article 14 or URDG

Art 14 f

Posted: Mon Mar 04, 2013 10:13 pm
by picant
Hi Pal,

IMHO, the fact that the intermediary bank cited guarantee number is sufficient to identify the guarantee.
I dont think that you have more guarantee for the same beneficiary by the same principal etc
However other comments appreciated