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eURC Version 1.0: Article e7 Presentation

15/08/2019

The concept of a ‘notice of completeness' as required by eUCP, is not considered to be appropriate for eURC. Accordingly, eURC sub-article e7 (a) is deemed to be necessary to allow the banks to consider what has been presented as forming the electronic records under a collection instruction.

 

In the event that electronic records are presented in combination with paper documents, the electronic records must be accessible at the same time as the collecting or presenting bank receives the eURC collection instruction enclosing the paper documents. It is, therefore, the responsibility of the remitting bank to ensure that all the electronic records referred to in the eURC collection instruction are accessible to the collecting or presenting bank at the time the collecting or presenting bank receives the eURC collection instruction enclosing the paper documents.

 

eURC sub-article e7 (c) provides that where an electronic record has not been authenticated, it is to be considered as not presented.

 

eURC sub-article e7 (d) (i) requires that each separate presentation identify the eURC collection instruction under which it is presented. It should be noted that the eURC does not require that each paper document identify the collection instruction under which it is presented but only that a presentation do so. As a result, if several paper documents are presented in one lot, it would be satisfactory if the cover letter indicated the collection instruction under which the documents are presented. Likewise, if electronic records are batched together and sent in an electronic envelope, the collection instruction may be identified in the envelope. It should also be noted that this sub-article does not require identification of the collection instruction in any particular manner such as by its number. Such a shorthand means of identification would, of course, be the easiest and most natural means of identifying the collection instruction. It could, however, also be identified in other ways. For example, giving the amount and date of the collection instruction may enable identification even without the collection instruction number. The test is whether the bank would be able to identify the collection instruction based on the information provided in the normal course of its operations.

 

Where the bank cannot link the document or electronic record to the collection instruction to which it relates, eURC sub-article e7 (d) (ii) provides that it may be treated as not received.

 

URC 522 allows direct collections. Provided the collection instruction meets the requirements of URC 522 sub-article 4 (b), the collecting bank is required to either decline to act according to the collection instruction (according to URC 522 sub-article 1 (c)) or to act in accordance therewith, including instructions relating to release of documents and advice of non-payment. This is unchanged for electronic records.

 

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