Dear all,
I have some questions about corrections or alternations on Transport Docs.
Most of you may know that Paragraph 85 of ISBP 681 states that :
"Corrections and alterations on a multimodal transport document must be authenticated. Such authentication must appear to have been made by the carrier or master (captain) or any one of their agents who may be different from the agent that may have issued or signed it, provided they are identified as an agent of the carrier or master (captain)."
(Surely there are another respective paragraphs for each type of T/D, but I quote only above paragraph among them.)
First, if the agent of the carrier(or master) signed on the T/D also authenticates correction or alternation on it showing the agent's full name only without showing its capacity, will this transport document be acceptable?
For Example, if I assume the carrier's name is (C) and the agent's name is (A) and the T/D is signed as below :
- Signature of Carrier of Agent -
------------------------------------
(A) as agent for the carrier (C)
, and (A) signs and writes its name next to the corrected part on the T/D as below :
This correction is authenticated by (A)
(omitting the words "as agent for the carrier (C)")
Can we regard that (A) indentified its capacity properly by showing somewhere on the T/D that it is agent for the named carrier?
Second, does the above paragraph of ISBP necessarily mean that the correction or alternation should be authenticated only by a party who signed on a T/D or its agent?
For example, there exist carrier (C) and master (B) and the T/D is signed by (C) showing its capacity as carrier. The master's name and capacity appear nowhere in the T/D at first.
If some corrections or alternations are required in this situation, do you think that the master (B) can authenticate such corrections or alternations made on the T/D? (Surely identifying itself as master)
Personally I guess that the above paragraph of ISBP cannot be applied to allow such a case.
Sorry I'm not fluent in English, so please let me explain again if you cannot understand these questions.
Kindly ask your opinions and many thanks in advance.
RGDS.
Corrections or Alternations on a T/D
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authentication
good question indeed. in my opinion, to answer your 1st question, there is no requirement to re-declare the capacity. your example would not create any discrepancy.
to answer your 2nd question; since master is an authorized signatory of a bill of lading, i would accept a correction from the master.
more comments welcome
to answer your 2nd question; since master is an authorized signatory of a bill of lading, i would accept a correction from the master.
more comments welcome
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authentication
Many thanks, shahriar
I think that your answer to the 2nd question is also reasonable and logical. But most of my colleagues believe that only the carrier is able to authenticate the correction or alternation, citing Paragraph 9 of ISBP 681. (This is not a direct practice for T/Ds for sure. Moreover, the carrier signed on the T/D is not necessarily an issuer of it.) It is a confusing issue anyway.
More comments welcome. RGDS.
Lee[*]
I think that your answer to the 2nd question is also reasonable and logical. But most of my colleagues believe that only the carrier is able to authenticate the correction or alternation, citing Paragraph 9 of ISBP 681. (This is not a direct practice for T/Ds for sure. Moreover, the carrier signed on the T/D is not necessarily an issuer of it.) It is a confusing issue anyway.
More comments welcome. RGDS.
Lee[*]
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reference
found this one. thought would be helpful
docdex decision 232 -
docdex decision 232 -
10. As for correction by a person authorized to do so: all the corrections on the AWB were authenticated by a stamp reading "ASE Company A (S) Ltd", which appears on the face of the document to be the party which signed the AWB and which was clearly identified as an agent of the carrier, Company S. This complies with Article 30 of UCP 500 which states: "Unless otherwise authorized in the Credit, banks will only accept a transport document issued by a freight forwarder if it appears on its face to indicate: the name of the carrier or multimodal transport operator and to have been signed or otherwise authenticated by the freight forwarder as named agent for or on behalf of the carrier or multimodal transport operator."