Do
letters of credit have expiry dates?[i]
“Date”, in relation to documentary credits,
appears in various contexts in the UCP. We come across expressions such as “expiry
date of credit”, “last day for presentation”, “expiry date for honour or
negotiation” or simply “expiry date”. This article attempts to interpret these
expressions in the context of documentary credits and proposes what “expiry
date” as stated in a credit is supposed to signify.
An L/C, in many ways, is similar to a contract[iii].
A credit’s author is called the issuing bank. When a bank issues a letter of
credit, it takes on certain financial risks and responsibilities on behalf of its
client (applicant). According to sub-Article
7(b) of UCP 600: “An issuing bank is irrevocably
bound to honour as of the time it issues the credit.” Thus, the date of issue
of a credit (SWIFT Field 31C, MT700) is when, as far as the issuing bank is
concerned, a letter of credit comes into being.
While it
is for the issuer to set the terms of the documentary credit, it’s for the
beneficiary to accept or act on it. The beneficiary is not obliged to (contd...)
[ii] CEO, International Trade Services. Website: www.internationaltradeservices.in.
Contact: rnbose@gmail.com.
[iii] Refer to this
author’s article “Some random thoughts
on the UCP”, LC Monitor-Trade Services Update, Special Edition, January 2011.
[iv] Refer to
article Wanted: A more positive Article
15, Rupnarayan
Bose, DCInsight, Vol. 18, No. 4, October-December 2012.
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