This article analyses the roles
and responsibilities of a nominated bank under selected provisions of UCP 600.
Article 6(a) of UCP 600
requires that a “credit must state the bank with which a credit is available”.
This bank has been defined under Article 2 as the ‘nominated bank’. A nominated
bank could be a bank specifically designated by the issuing bank for the
purpose of negotiation or honour of documents. Alternately, it may be any bank. According to sub-article 7(c),
the issuing bank’s undertaking to reimburse under its own LC is restricted only
to a nominated bank. Note that the bank that has added its confirmation to a
credit need not necessarily be a nominated bank.
Let us focus on the first major
article on nomination, viz., Article 12. Sub-article 12(a) states: (contd...)
[1] Published in DC Insight, Volume 17, No. 1,
Jan-March 2011.
[1] Author is the former managing director of Fina Bank
Ltd, Nairobi, Kenya and TransAfrica Bank
Ltd., Kampala, Uganda; founder and CEO of Institute of Banking Studies.
[i] ‘Suggested answer’ to question no. 2.15,
Frequently Asked Questions on UCP 600, Gary Collyer.
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