第五章_信用证概述.docVIP

第五章 信用证概述 第一节 信用证的定义和特点 一、信用证的定义 根据Uniform Customs and Practice for Documentary Credits 1993 Revision, Publication No.500 (UCP 500) 信用证的定义为: Article 2 Meaning of Credit The expression “Documentary Credit(s)” and “Standby Letter(s) of Credit” mean any arrangement, however named or described, whereby a bank (the “issuing bank”) acting at the request and on the instructions of a customer (the “Applicant”) or on its own behalf, i. is to make a payment to or to the order of a third party(the “Beneficiary), or is to accept and pay bills of exchange drawn by the Beneficiary, or ii. authorizes another bank to effect such payment, or to accept and pay such bills of exchange, or iii. authorizes another bank to negotiate, against stipulated document(s) provided that the terms and conditions of the Credit are complied with. For the purposes of these Articles, branches of a bank in different countries are considered another bank. ICC Publication No. 415: In simple terms, a letter of credit is a conditional bank written undertaking of payment. Conditional: the beneficiary present documents which were complied with the terms and conditions of the credit within a prescribed time limit. 信用证(Letter of Credit，L／C)是银行(开证行)应开证申请人(进口商)的要求，向第三者(受益人、出口商)开立的承诺在一定期限内，凭规定的单据支付一定金额的书面文件。 信用证的实质：银行作出的有条件付款承诺。 条件：受益人在规定期限内，提交符合信用证条款的规定单据。 对定义应把握三点： 1．银行承担第一性付款责任。 2．银行的付款方式有三种：（1）直接付款（或承兑及付款）；（2）指定另一家银行付款（或承兑及付款）；（3）授权另一家银行议付。 3．银行的付款是有条件的。 二、信用证的特点 1．信用证是一种银行信用，开证行负第一性付款责任。 2．信用证是一种自足文件，不依附于贸易合同而存在。 3．信用证业务是一种纯粹的单据业务，它处理的对象是单据。 UCP500 Article 3 Credits v. Contacts a. Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be based and banks are in no way concerned with or bound by such contract(s), even if any reference whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay, accept and pay Draft(s) or negotiate and/or to fulfill any other obligation under the Credit, is not subject to claims o