Dış ticarette bir ödeme aracı olarak akreditif ve akreditiflerde rezervli işlemler
Başlık çevirisi mevcut değil.
- Tez No: 87059
- Danışmanlar: DOÇ. DR. GÜREL KONURALP
- Tez Türü: Yüksek Lisans
- Konular: Bankacılık, Ekonomi, Banking, Economics
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1997
- Dil: Türkçe
- Üniversite: Marmara Üniversitesi
- Enstitü: Bankacılık ve Sigortacılık Enstitüsü
- Ana Bilim Dalı: Bankacılık Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 126
Özet
Özet yok.
Özet (Çeviri)
LETTER OF CREDIT AS A MEANS OF PAYMENT IN FOREIGN TRADE AND RESERVE OPERATIONS IN LETTERS OF CREDIT SUMMARY Letter of Credit is a contract which allows payment of the sale price by a bank to the seller against the presentation of certain documents by the seller upon an agreement made between a person who has purchased goods and that bank. If it is agreed on a sales agreement made between the buyer and the seller that payment shall be made by letter of credit (letter of credit condition), the buyer, applying to his bank and stating his terms and conditions, demands the bank to open a letter of credit in favour of the seller. Text of letter of credit is issued by buyer's bank (chief bank) and notified to the seller (beneficiary) so the seller, fulfilling the requirements foreseen by the letter of credit, ensures the guarantee to collect the price of goods from the bank of letter of credit. The seller must duly present the documents foreseen by the letter of credit on time after the loading of the goods in order to exercise the guarantee given to him the method of payment via letter of creditln case the seller fails to present the documents on time after loading or though he has presented the documents are incomplete, different or incorreet in terms of numbers, these documents are refused by the bank in this case, the buyer abroad must accept the documents for the seller to collect the price of goods. In letter of credit transactions, intermediary banks examine the documents submitted by sellers carefully.If they make any mistakes when examining, if they cannot see the incomplete parts on the documents and deem them appropriate and effect the payment to the seller, they have the risk not to collect this amount they have paid. Banks examine these documents submitted taking into consideration the terms of letter of credit and uniform rules with the number 500.upon examination if these documents are not considered to be appropriate such documents are refused by banks, and no obligation to pay for the banks arise. Below are the cases which can be deemed in appropriateness (reserve subject) during a letter of credit transaction : - that the loading is made after the date foreseen by the letter of credit. - that the documents are not presented within the period foreseen by the letter of credit. - that partial loading is made although not permitted by the letter of credit. - that there are tries on the shipping documents that transfer is made although no transfer is permitted. - that there are lacking documents - that the contents of the documents do not comply with the terms of letter of credit. - that there are discrepancies between documents.The chief bank which opens the letter of credit upon instruction of the buyer, the confirming bank which adds its confirmation to the letter of credit have obligations of payment against the seller subject to the realizing of certain conditions. Above mentioned terms ; are duly presentation of the documents foreseen by the letter of credit by the seller to the bank after the loading of goods. The confirming bank in the seller's country examine the documents taking into consideration the terms of the letter of credit and the brochure number 500. If the documents are found to comply with the terms of the letter of credit, it pays the price of goods to the seller, send the documents to the chief bank and collects the money it has paid according to the terms of the letter of credit from the chief bank. Documents are also examined by the chief bank.If the chief bank determines any in appropriateness on the documents, informs the confirming bank that it has not accepted the documents.As a result, if the documents are not accepted by the buyer, the chief bank takes back the price of goods it has previously paid to the confirming bank.This risk which is valid for the confirming bank is also valid for the chief bank documents which are deemed fit and paid for by the chief bank and documents which no reserve is lodged within its period may not be accepted by the buyer.In this case, the chief bank shall not collect the price of goods it has paid. For this reason, the chief bank and the confirming bank which are intermediaries to letter of credit transactions examine documents very carefiüly.If they establish any inappropriateness on the documents they notify to the submitting party that they refuse the documents along with its reasons. Banks, obtaining written and guarantee against inappropriade documents may effect the payment of the price of goods in the frame of reserve paymentlf documents are not accepted by the buyer in reserve payment, the payment effected to the seller shall be taken back. Recieving a reserve payment is not a complete solution for the seller, and conclusion of the operation in a positive way shall be subject to the approval of the documents by the buyer. The fact that the seller fails to present the document in accordance with the terms of letter of credit, that the documents are refused by banks and that cocluding the letter of credit in favor of the seller is subject to the approval of the documents by the buyer has been considered as reserve operations in our thesis study. In Turkey we see that documents presented by sellers to banks within letter of credit transactions generally do not comply with the terms of letter of credit and that letter of credit transactions are tried to be concluded by reserves. The purpose of our thesis is to consider in detail the subjects with respeet to method of payment by letter of credit with all its charact eristics, reserve operations and rights and obligations of parties in reserv operations, and documents used in letter of credit transactions and which are generally prepared wrong, and to give the necessary information in order to prevent reserve operations and to conclude letters of credit in favor of both parties!.Our thesis consists of two partsin the first part ; issues like performance types of letter of creditinformation about reserve operations has been given, documents used in letter of credit operations have been studied in detail taking into consideration the rights and obligations of the parties in reserve operations and that reserves mostly appear on documents, international rules which regulate letters of credit, bankruptcy, the effect of precautionary meaures and precautionary attachments on letter of credit operations, etc. have been considered and information to understand letter of credit completely have been given. In the second part; reserve operations in letter of credit have been considered, general. Taking into consideration payment by letter of credit, reserve operations and that reserves mostly appear on documents, also considering the brochure number 500 and the relevant Turkish rules regulating letter of credit operations, detailed information is tried to be given.lt is difficult for the ones who do not have enough knowledge on these issues, and give the necessary importance to the subject to comply with the terms of letter of credit completely and to prepare the documents foresseen by the terms of letter of credit correctly. Therefore; in payment by letter of credit, the seller and the banks who are I ntermediaries to letter of credit transaction must know and interprete in detail : - payment method by letter of credit - uniform rules number 500 - documents used in letter of credit operations and their characteristics (including local country's rules related to the documents) Only in this way, letter of credit operation shall be concluded in fevor of both parties.1 our thesis study we tried to study the subject in detail give t he necessary information. Reserves which arise due to non-compliance of the documents with the terms of letter of credit are because the subject is not known well. Concluding letter of credit operations before risks due to reserves appear is subject to parties having detailed information about the subject. For this reason it is important that parties (banks, sellers) who employ a letter of credit operations employ educated and specialized people, that they give importance to educational activities to complete information space, that they follow actual publications about the subject and that they attend courses on the subject established by various institutionsin this way the rise of risks due to lack of knowledge shall be avoided.
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