Demand Does Not Identify Guarantee Number

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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Posts: 62
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First Name: Finance
Last Name: Finance
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Demand Does Not Identify Guarantee Number

Post by Finance » Mon Mar 04, 2013 2:57 pm

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

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Art 14 f

Post by picant » Mon Mar 04, 2013 10:13 pm

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

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