2 Copies not presented of BL( REFUSAL )

jay desai · Post by **jay desai** » Tue Apr 06, 2010 4:46 pm

Is it a Valid discrepancy, wherein the Issuing Bank comes with the MT 750 which states 03 Originals and 1 Copy BL presented i/o 03 Originals and 3 Copies.
Hence is it a Valid Disc or can we refute the same if 2 Copies are less presented ?

phanikrishna · Post by **phanikrishna** » Tue Apr 06, 2010 8:21 pm

It is not a discrepancy,

mia vervacke · Post by **mia vervacke** » Wed Apr 07, 2010 7:04 pm

What did the lc mention in field 46A 'Document Required' for the bill of lading?
+ If only a bill of lading or full set is required then it is not a valid discrepancy

Was there anything mentionned in the lc about the number of copies to be presented?
+ if lc requires the presentation of 3cnn of bill of lading then it is a valid discrepancy

Please give us more details about document required in the lc to give a correct answer.

jay desai · Post by **jay desai** » Wed Apr 07, 2010 7:10 pm

Well the LC states 3 orignal BL and 3 non-negotiable Copies

berry · Post by **berry** » Wed Apr 07, 2010 9:37 pm

i wonder why a nominated bank would advice such a discrepancy. it is much easier to make two copies of the Bill of lading. in any case, document presented less in number than required in the credit is a discrepancy.

mia vervacke · Post by **mia vervacke** » Thu Apr 08, 2010 2:14 am

I agree that document presented less in number than required in the credit is a discrepancy.

berry wrote
i wonder why a nominated bank would advice such a discrepancy. it is much easier to make two copies of the Bill of lading

The issuing bank must examine a presentation to determine, whether or not the documents appear on their face to constitute a complying presentation. The issuing bank shall have a maximum of five banking days following the day of presentation to determine if a presentation is
complying.

When an issuing bank determines that a presentation is complying, it must honour!

When the issuing bank determines that a presentation does not comply, it will refuse to honour and it will in its sole judgement approach the applicant for a waiver of the discrepancies. Only upon receipt of a waiver of the discrepancies from applicant, issuing bank will honour the presentation.

Until the applicant waives the discrepancies, issuing bank will refuse the presentation on the basis of the discrepancies. Sometimes applicant uses small discrepancies to delay the payment or even to refuse to pay because of bad quality.

vivian · Post by **vivian** » Thu Apr 08, 2010 2:59 pm

the question is very simple, first of all, from the issuing bank's point of view, it is a discrep due to imcomplete presentation, but it is a non-nego /copies b/l. any party can make this copy , even presenting bank.

the isssuing bank may deduct some amt as discrep fee. that it is .