- 20 Marks
Question
Identify the parties in a documentary credit and explain their roles in the transaction.
[Total marks:20]
Answer
- Documentary credits (LCs) facilitate international trade by assuring payment upon document compliance, governed by UCP 600. In Ghana, used extensively in imports/exports, with banks like Stanbic issuing them compliant with BoG’s Payment Systems Act 987. The main parties and roles are:
- Applicant (Buyer/Importer): Initiates LC via application to issuing bank, provides instructions, and reimburses bank. Role: Bears ultimate payment responsibility, ensures terms match sales contract; in Ghana, must comply with exchange controls.
- Beneficiary (Seller/Exporter): Receives payment upon presenting compliant documents. Role: Ships goods, prepares documents (e.g., bill of lading), claims under LC; protected against buyer’s default.
- Issuing Bank: Issues LC at applicant’s request, undertakes to pay beneficiary if documents comply. Role: Examines documents independently, reimburses advising/confirming banks; liable per UCP, with recourse to applicant. In Ghana, subject to BoG’s anti-money laundering directives.
- Advising Bank: Authenticates and advises LC to beneficiary, usually in exporter’s country. Role: Forwards LC without commitment unless confirming; facilitates communication.
- Confirming Bank (if any): Adds confirmation, assuming independent payment obligation. Role: Pays beneficiary on compliance, mitigates issuing bank/country risk; common in high-risk trades like Ghana’s cocoa exports.
- Nominated Bank: Designated to pay/negotiate, e.g., beneficiary’s bank. Role: Acts on behalf, examines documents if authorized.
- Reimbursing Bank (if any): Pays nominated/confirming bank on issuing bank’s behalf. Role: Handles inter-bank settlements.
- Negotiating Bank (if any): Purchases documents from beneficiary, advancing funds. Role: Finances exporter pre-payment.
These roles ensure autonomy of LC from underlying contract, reducing risks in cross-border deals, with practical enforcement via Ghanaian courts under common law principles.
- Tags: documentary credit, International trade, letters of credit, parties, Roles
- Level: Level 4
- Uploader: Samuel Duah