What stamp is stamped on the bill of lading endorsement?

Bill of lading, this term may be unfamiliar to everyone, but those who work in international trade are indeed very familiar with it, and students who study legal knowledge will learn this knowledge in international economic law and commercial law. Today, the editor of the Legal Savior Network will explain to you the knowledge about bills of lading. I hope it will be helpful to you.

The concept of bill of lading

The bill of lading is used to prove the contract of carriage of goods by sea and that the goods have been received by the carrier or Shipment, and a document whereby the carrier guarantees delivery of the goods. The terms specified in the bill of lading for the delivery of the goods to the named person, or the delivery of the goods in accordance with the instructions of the instructing person, or the delivery of the goods to the holder of the bill of lading, constitute the carrier's guarantee for the delivery of the goods.

The legal characteristics of the bill of lading

The bill of lading is the core document in maritime cargo transportation and even in the entire international trade. It has the following three legal characteristics:

1. The bill of lading serves as a receipt and is evidence that the goods have been received by the carrier or shipped. The bill of lading as a receipt has different evidentiary effects in the hands of different bill of lading holders. In the hands of the shipper, the bill of lading is preliminary evidence, and the carrier can use other more powerful evidence to prove that the records in the bill of lading are inconsistent with the actual situation. However, in the hands of a third party other than the shipper, the bill of lading is the final evidence, and the carrier cannot use other evidence to overturn the record in the bill of lading.

2. The bill of lading is the written proof of the transportation contract. The bill of lading that serves as proof of the contract also has different evidentiary effects in the hands of different bill of lading holders. In the hands of the shipper, the bill of lading is preliminary evidence, and the carrier can provide evidence to prove that the actual transportation contract is inconsistent with the records in the bill of lading. However, when the bill of lading is transferred to a third party other than the shipper, the rights and obligations of the carrier and the third party can only be determined based on the records in the bill of lading.

3. The bill of lading is the carrier's proof of delivery of the goods. Once a bill of lading is issued, the carrier can only deliver the goods to the holder of the bill of lading. Moreover, the right to dispose of goods in transit is also exercised by the holder of the bill of lading.

The nature of the bill of lading

The bill of lading is a negotiable security. As a marketable security, the bill of lading is both a property security and a debt security. At the same time, it is also a formal security, a negotiable security, an entitlement security and a surrender security.

Instruction bill of lading

The consignee is not listed on the instruction bill of lading, and the transfer is carried out by endorsement, which is conducive to the turnover of funds, so it is used in international trade. More common. Instruction bills of lading are divided into the following three types according to the method of indicating the instructing person: (1) Shipper's instruction bill of lading: only fill in the words "Instruction-TOORDER" in the consignee column, and be transferred after endorsement by the shipper. Also known as a blank bill of lading. Before the shipper does not designate a consignee or assignee, the ownership of the goods still belongs to the seller. In the case of documentary credit payment, the shipper uses the negotiating bank or the consignee as the payee. The transferee obtains the negotiated payment by transferring the bill of lading. Unlike the named order bill of lading (see 2), this kind of bill of lading does not have the restriction that it can be transferred only with the endorsement of the person specified in the bill of lading. The transfer only requires the blank endorsement of the shipper. Therefore, its liquidity is greater; (2) Bill of lading with named orderer: fill in the consignee column with "XX instruction-TOORDER OF...". According to the different instructing parties, it is divided into the order of the shipper SHIPPER and the order of the consignee. Instructions or instructions from the importing party's bank, etc., respectively, require the endorsement of the shipper, consignee or importing party's bank before transfer or delivery, also known as the instruction-headed bill of lading; (3) Select the instructing person's bill of lading: If you fill in the consignee column If "someone or instruction" is recorded, it is called the bill of lading of the selected instructing party. "So-and-so" in the named instruction bill of lading is equivalent to the named instruction bill of lading, and "or instruction" is equivalent to the shipper's instruction bill of lading.

Seal

The instruction bill of lading can be transferred once endorsed, which means that the endorser confirms the transfer of ownership of the bill of lading. The instruction bill of lading endorsement has a blank endorsement There are two types of BLANKENDORSEMENT and SPECIAL ENDORSEMENT: Blank endorsement means that the transferor of the bill of lading signs the name of the endorser's unit and the signature of the person in charge on the back of the bill of lading, but does not indicate the name of the endorsee. This type of endorsement has strong liquidity and is more commonly used. In addition to the blank endorsement, a registered endorsement must be signed and sealed by the endorser, and the name of the endorsee must also be indicated. If the endorsee transfers again, an additional endorsement must be added (for example, in the export business of a letter of credit, the exporter is the consignor) The identity of the negotiating bank is used to make a registered endorsement of the negotiating bank. The letter of credit stipulates that the consignee of the bill of lading is the negotiating bank. Before sending the bill, the negotiating bank makes a registered endorsement to the issuing bank. When the importer pays for the redemption order, if the person paying the bill of lading or The endorsee is the issuing bank, and the issuing bank endorses it to the importer).

Endorsement is a common bill act and has the effect of transfer, guarantee and certification. etc. However, there are many matters needing attention in the details of endorsement transfer. If your situation is more complicated or you want to learn more about this aspect, you can consult the online lawyers of the Legal Savior Network. Your consultation is welcome.