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Uniform Rules for Collections, URC 522 (Part 2)


URC 522 - Article 4

ARTICLE 4 COLLECTION INSTRUCTION

a)    1-All documents sent for collection must be accompanied by a collection instruction indicating that the collection is subject to URC 522 and giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction, and in accordance with these Rules.

       2- Banks will not examine documents in order to obtain instructions.

       3- Unless otherwise authorised in the collection instruction, banks will disregard any instructions from any party/bank other than the party/bank from whom they received the collection.

b) A collection instruction should contain the following items of information, as appropriate.

       1- Details of the bank from which the collection was received including full name, postal and SWIFT addresses, telex, telephone, facsimile numbers and reference.

       2- Details of the principal including full name, postal address, and if applicable telex, telephone and facsimile numbers.

       3- Details of the drawee including full name, postal address, or the domicile at which presentation is to be made and if applicable telex, telephone and facsimile numbers.

       4- Details of the presenting bank, if any, including full name, postal address, and if applicable telex, telephone and facsimile numbers.

       5- Amount(s) and currency(ies) to be collected.

       6- List of documents enclosed and the numerical count of each document.

       7-  a. Terms and conditions upon which payment and/or acceptance is to be obtained.

            b. Terms of delivery of documents against:

                  1) payment and/or acceptance

                  2) other terms and conditions It is the responsibility of the party preparing the collection instruction to ensure that the terms for the delivery of documents are clearly and unambiguously stated, otherwise banks will not be responsible for any consequences arising therefrom.

       8- Charges to be collected, indicating whether they may be waived or not.

       9- Interest to be collected, if applicable, indicating whether it may be waived or not, including:

                a. rate of interest

                b. interest period

                c. basis of calculation (for example 360 or 365 days in a year) as applicable.

     10- Method of payment and form of payment advice.

     11- Instructions in case of non-payment, non-acceptance and/or noncompliance with other instructions.

c)      1- Collection instructions should bear the complete address of the drawee or of the domicile at which the presentation is to be made. If the address is incomplete or incorrect, the collecting bank may, without any liability and responsibility on its part, endeavour to ascertain the proper address.

        2- The collecting bank will not be liable or responsible for any ensuing delay as a result of an incomplete/incorrect address being provided.

URC 522 - Article 5

ARTICLE 5 PRESENTATION

a) For the purposes of these Articles, presentation is the procedure whereby the presenting bank makes the documents available to the drawee as instructed.

b) The collection instruction should state the exact period of time within which any action is to be taken by the drawee. Expressions such as "first", "prompt", "immediate", and the like should not be used in connection with presentation or with reference to any period of time within which documents have to be taken up or for any other action that is to be taken by the drawee. If such terms are used banks will disregard them.

c) Documents are to be presented to the drawee in the form in which they are received, except that banks are authorised to affix any necessary stamps, at the expense of the party from whom they received the collection unless otherwise instructed, and to make any necessary endorsements or place any rubber stamps or other identifying marks or symbols customary to or required for the collection operation.

d) For the purpose of giving effect to the instructions of the principal, the remitting bank will utilise the bank nominated by the principal as the collecting bank. In the absence of such nomination, the remitting bank will utilise any bank of its own, or another bank's choice in the country of payment or acceptance or in the country where other terms and conditions have to be complied with.

e) The documents and collection instruction may be sent directly by the remitting bank to the collecting bank or through another bank as intermediary.

f) If the remitting bank does not nominate a specific presenting bank, the collecting bank may utilise a presenting bank of its choice.

URC 522 - Article 6

ARTICLE 6 SIGHT/ACCEPTANCE

In the case of documents payable at sight the presenting bank must make presentation for payment without delay. In the case of documents payable at a tenor other than sight the presenting bank must, where acceptance is called for, make presentation for acceptance without delay, and where payment is called for, make presentation for payment not later than the appropriate maturity date.

URC 522 - Article 7


ARTICLE 7 RELEASE OF COMMERCIAL DOCUMENTS

Documents Against Acceptance (D/A) vs.Documents Against Payment (D/P)

a) Collections should not contain bills of exchange payable at a future date with instructions that commercial documents are to be delivered against payment.

b) If a collection contains a bill of exchange payable at a future date, the collection instruction should state whether the commercial documents are to be released to the drawee against acceptance (D/A) or against payment (D/P). In the absence of such statement commercial documents will be released only against payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.

c) If a collection contains a bill of exchange payable at a future date and the collection instruction indicates that commercial documents are to be released against payment, documents will be released only against such payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents.

URC 522 - Article 8

ARTICLE 8 CREATION OF DOCUMENTS

Where the remitting bank instructs that either the collecting bank or the drawee is to create documents (bills of exchange, promissory notes, trust receipts, letters of undertaking or other documents) that were not included in the collection, the form and wording of such documents shall be provided by the remitting bank, otherwise the collecting bank shall not be liable or responsible for the form and wording of any such document provided by the collecting bank and/or the drawee.

URC 522 - Article 9

ARTICLE 9 GOOD FAITH AND REASONABLE CARE

Banks will act in good faith and exercise reasonable care.

URC 522 - Article 10


ARTICLE 10 DOCUMENTS vs. GOODS, SERVICES, PERFORMANCES

a) Goods should not be despatched directly to the address of a bank or consigned to or to the order of a bank without prior agreement on the part of that bank.

Nevertheless, in the event that goods are despatched directly to the address of a bank or consigned to or to the order of a bank for release to a drawee against payment or acceptance or upon other terms and conditions without prior agreement on the part of that bank, such bank shall have no obligation to take delivery of the goods, which remain at the risk and responsibility of the party despatching the goods.

b) Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Banks will only take such action if, when, and to the extent that they agree to do so in each case. Notwithstanding the provisions of sub-Article 1(c) this rule applies even in the absence of any specific advice to this effect by the collecting bank.

c) Nevertheless, in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. However, the collecting bank must advise without delay the bank from which the collection instruction was received of any such action taken.

d) Any charges and/or expenses incurred by banks in connection with any action taken to protect the goods will be for the account of the party from whom they received the collection.

e)    1- Notwithstanding the provisions of sub-Article 10(a), where the goods are consigned to or to the order of the collecting bank and the drawee has honoured the collection by payment, acceptance or other terms and conditions, and the collecting bank arranges for the release of the goods, the remitting bank shall be deemed to have authorised the collecting bank to do so.

       2- Where a collecting bank on the instructions of the remitting bank or in terms of sub-Article 10(e)i, arranges for the release of the goods, the remitting bank shall indemnify such collecting bank for all damages and expenses incurred.

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Proposed by: Jacques Guiffo Temgo On 17/04/2009 - 22h38 Last update: 17/04/2009 - 23h25  Write your TUTORIAL
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