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Direct Presentation By Second Beneficiary

Posted: Sat Apr 04, 2015 9:52 pm
by hardy2175
considering the Art. 38 (k) can issuing bank raise discrepancy of direct presentation (i/e presentation to issuing bank i/o transfering bank)?

Yes,

Posted: Mon Apr 06, 2015 11:45 am
by picant
Hi Pal,

the Art 38 k has been introduced to protect first beneficiary. Only in case of 100% transfer and without substitution of invoice the transferring bank, not confirming, may dispose the sending of documents directly to issuing bank.
Probably the issuing bank on receipt of such documents will adjust the presentation contacting the transferring bank, but it must save the interests of first beneficiary.
Other comments appreciated
Ciao