Transferable credits
With a transferable credit, the middleman (= the first beneficiary) can instruct his bank to transfer the credit (= the original credit) to the end supplier/producer (= the second beneficiary) either in full or in part.
The credit must be designated "transferable".
A transferable credit can normally only be transferred once. If instalment-based consignments are permitted, parts of such a credit may be transferred to one or more end suppliers.
When it comes to availment, invoices and, where applicable, drafts are exchanged at the transferring bank. The middleman receives the difference between the purchase and sale of the goods (= gross profit).
The middleman does not need to have a credit limit at the transferring bank.
If the original documentary credit is confirmed, transfer can be effected with liability on the part of the transferring bank - an additional safeguard for the second beneficiary.
If the original credit is not confirmed, transfer in favour of the end supplier is effected without liability on the part of the transferring bank.
The end supplier must rely on the creditworthiness of the issuing bank and it may be that payment is deferred.
Transfer must be effected in accordance with the terms and conditions of the original credit.
The following exceptions are permitted under the Uniform Customs and Practice for Documentary Credits:
The amount of the credit and unit price may be reduced.
The expiry date, document presentation period and loading period may be shortened.
The name of the first beneficiary may replace that of the principal.
The percentage to be insured may be altered.
The original credit should be issued in the simplest form possible: numerous documents and special clauses will make transfer more difficult, if not impossible.
Such transactions require a great deal of expertise.
UBS should always be consulted before entering into any agreements.
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