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  SWQ_141
24
.4.2009
Laden on board ... [no date]
Question: Name: Cristian Dobre

I would much appreciate your opinion in the following case:

  • L/C opened in favor of beneficiary: XX
     
  • Commercial invoice is issued on XX letterhead but stamped and signed by YY.

As per UCP 600 article 18 an invoice must be issued by beneficiary and need not be signed Also

ISBP paragraph 22 states: “.. it may appear to be issued by a person by use of its letterhead...

Based on above mentioned articles it seems that the invoice complies. However, I am not sure who actually completed the content of such invoice and ultimately have some doubts to some extent about the compliance of this document.

Thank you!

 
Answer (from Bogdan Ilie) ISBP (681) paragraph 40 states: "A signature on a company letterhead paper will be taken to be the signature of that company, UNLESS OTHERWISE STATED.[...]".

In this case "unless otherwise stated " applies.

The ISBP (681) paragraph 22 wording "it may appear to be issued by a named person or entity by use of its letterhead" applies only in two cases:

1) Either it is not signed or 2) it is signed by handwriting only (no stamp/chop, etc indicating company's name).

In any of the two cases the only data evidencing the issuer might be the letterhead.

Paragraph 22 does not make reference to cases like yours.

Consequently my opinion is that document is discrepant (in respect of sub-article14(d) and 18 of UCP600 as well as paragraph 22 and 40 of ISBP (681)).

Best regards,

Bogdan