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20xx年跟單信用證法律實務(wù)講座(留存版)

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【正文】 ceptance by any other second beneficiary, with respect to which the transferred credit will be amended accordingly. For any second beneficiary that rejected the amendment, the transferred credit will remain unamended. () 2020/7/5 Yuqiang Copyright Reserved 81 UCP600實施后對不同當事人的影響 ? The name of the first beneficiary may be substituted for that of the applicant in the credit. () 2020/7/5 Yuqiang Copyright Reserved 82 UCP600實施后對不同當事人的影響 ? 對提示人 ? Presenter means a beneficiary, bank or other party that makes a presentation.() 2020/7/5 Yuqiang Copyright Reserved 83 UCP600實施后對不同當事人的影響 ? A document presented but not required by the credit will be disregarded and may be returned to the presenter.() 2020/7/5 Yuqiang Copyright Reserved 84 UCP600實施后出口商制單須注意的問題 ? 合格單據(jù)的標準 ? 在信用證交易中,出口商提供的單據(jù)必須合符信用證和 《 跟單信用證統(tǒng)一慣例 》 的規(guī)定,但是這樣的單據(jù)并不一定符合合格單據(jù)的標準。 in subArticle 10(b)(ii) may be interpreted as either 39。由于未能正確地運用這些條文,其結(jié)果嚴重防礙了按照 UCP500開立的跟單信用證的使用。 ? 從 A組到 G組分類的模塊式組合到流水式條款 ? 通俗易懂、簡約化的措辭 ? Nominated bank means the bank authorized in the credit to honour or negotiate or, in the case of a freely available credit, any bank. (UCP Draft June) ? Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. (UCP Final Version) 2020/7/5 Yuqiang Copyright Reserved 15 UCP600產(chǎn)生的背景及過程 ? THIRD STEPCOOPERATION: ? 建立穩(wěn)定的三級合作機制 ? This revision of the UCP represents the culmination of over three years of extensive analysis, review, debate and promise amongst the various members of the Drafting Group, the members of the Banking Commission and the respective ICC national mittees. ——From Gary Collyer 2020/7/5 Yuqiang Copyright Reserved 16 UCP600與 UCP500的比較分析 ? Advising bank ? Applicant ? Banking day ? Beneficiary ? Complying presentation ? Confirmation ? Confirming bank ? Credit ? Honour ? Issuing bank ? Negotiation ? Nominated bank ? Presentation ? Presenter 第一次系統(tǒng)地對有關(guān)信用證的 14個概念進行了定義 2020/7/5 Yuqiang Copyright Reserved 17 UCP600與 UCP500的比較分析 ? Article 2 Definitions ? For the purpose of these rules: ? Advising bank means the bank that advises the credit at the request of the issuing bank. ? Applicant means the party on whose request the credit is issued. 2020/7/5 Yuqiang Copyright Reserved 18 UCP600與 UCP500的比較分析 ? Banking day means a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed. ? Beneficiary means the party in whose favour a credit is issued. 2020/7/5 Yuqiang Copyright Reserved 19 UCP600與 UCP500的比較分析 ? Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice. ? Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a plying presentation. 2020/7/5 Yuqiang Copyright Reserved 20 UCP600與 UCP500的比較分析 ? Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request. ? Credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a plying presentation. 2020/7/5 Yuqiang Copyright Reserved 21 UCP600與 UCP500的比較分析 ? Honour means: ? pay at sight if the credit is available by sight payment. ? incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. ? accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2020/7/5 Yuqiang Copyright Reserved 22 UCP600與 UCP500的比較分析 ? Honour means: ? pay at sight if the credit is available by sight payment. ? incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. ? accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2020/7/5 Yuqiang Copyright Reserved 23 ? Article 19. BanktoBank Reimbursement Arrangements ? a. If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled, shall be obtained by such bank (the Claiming Bank), claiming on another party ( theReimbursing Bank), it shall provide such Reimbursing Bank in good time with the proper instructions or authorization to honour such reimbursement claims. (UCP500) ? 第十九條 銀行間的償付約定 ? a.開證行如欲通過另一銀行(償付行)對付款行、承兌行或議付行(均稱 “ 索償行 ” )履行償付時,開證行應(yīng)及時向償付行發(fā)出對此類索償 予以償付 的適當指示或授權(quán)。 2020/7/5 Yuqiang Copyright Reserved 32 ? 議付定義的演變 ? UCP500: Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate. Mere examination of the documents without giving of value does not constitute a negotiation. ? UCP600: Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a plying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. 2020/7/5 Yuqiang Copyright Reserved 33 UCP600與 UCP500的比較分析 ? Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. ? Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. ? Presenter means a beneficiary, bank or other party that makes a presentation. 2020/7/5 Yuqiang Copyright Reserved 34 UCP600與 UCP500的比較分析 ?
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