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dear friends,

we often see correction on a bill of laing which are authenticated by a round stamp showing the name of the carrier (or whoever signed the bill of lading) and an initial. but there is no declaration about the capacity of the person making the correction. while the name in the stamp and the signatory is the same, is it necessary to show the capacity again while authenticating a correction? in my opinion yes especially after the ICC opinion which says that the agent and the carrier may have the same name. your opinion appreciated.

Hi !

You are right. The authentication must indicate the capacity of party making it. However, usually the party making authentication is the issuing party or signing party of the transport document. Therefore, in this case there is no need to repeat the capacity of the party again. If the authentication is made by another party, the indication of the capacity of authenticating party is needed.

Oh !

Although agent and carrier may have the same name (even different capacities), either one of their capacities has the right to authenticate the correction. Therefore, no need to clarify which capacity is used.

great answer dear wong and i feel that i must be convinced. but not sure why, i feel that any authentication should declare the capacity.

there is no requirement to show the capacity of the person who is authenticating a correction unless the party making the authentication is different from the issuer. ISBP paragraph 9

If the authentication appears to have been made by a party other than the issuer of the document, the authentication must clearly show in which capacity that party has authenticated the correction or alteration.