Original vs. Non-original Documents

General approach

Banks examine documents presented under a letter of credit to determine, among other things, whether on their face they appear to be original. Banks treat as original any document bearing an apparently original signature, mark, stamp, or label of the issuer of the document, unless the document itself indicates that it is not original. Accordingly, unless a document indicates otherwise, it is treated as original if it:

(A) appears to be written, typed, perforated, or stamped by the document issuer’s hand; or

(B) appears to be on the document issuer’s original stationery; or

(C) states that it is original, unless the statement appears not to apply to the document presented (eg because it appears to be a photocopy of another document and the statement of originality appears to apply to that other document).

Hand-signed documents

Consistent with sub-paragraph (A) above, banks treat as original any document that appears to be hand signed by the issuer of the document. For example, a hand-signed draft or commercial invoice is treated as an original document, whether or not some or all other constituents of the document are preprinted, carbon copied, or produced by reprographic, automated, or computerized systems.

Facsimile-signed documents

Banks treat a facsimile signature as the equivalent of a hand signature. Accordingly, a document that appears to bear the document issuer’s facsimile signature is also treated as an original document.

Photocopies

Banks treat as non-original any document that appears to be a photocopy of another document. If, however, a photocopy appears to have been completed by the document issuer’s hand marking the photocopy, then, consistent with sub-paragraph (A) above, the resulting document is treated as an original document unless it indicates otherwise. If a document appears to have been produced by photocopying text onto original stationery rather than onto blank paper, then, consistent with sub-paragraph (B) above, it is treated as an original document unless it indicates otherwise.

Telefaxed presentation of documents

Banks treat as non-original any document that is produced at the bank’s telefax machine. A letter of credit that permits presentation by telefax waives any

requirement for presentation of an original of any document presented by telefax. Statements indicating originality

Consistent with either or both of sub-paragraphs (A) and (C) above, a document on which the word “original” has been stamped is treated as an original document. A statement in a document that it is a “duplicate original” or the “third of three” also indicates that it is original. Originality is also indicated by a statement in a document that it is void if another document of the same tenor and date is used.

Statements indicating non-originality

A statement in a document that it is a true copy of another document or that another document is the sole original indicates that it is not original. A statement in a document that it is the “customer’s copy” or “shipper’s copy” neither disclaims nor affirms its originality.

What is not an “Original”?

A document indicates that it is not an original if it

a) appears to be produced on a telefax machine;

b) appears to be a photocopy of another document which has not otherwise been completed by hand marking the photocopy or by photocopying it on what appears to be original stationery; or

c) states in the document that it is a true copy of another document or that another document is the sole original.

Original vs. Non-original Documents

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Original vs. Non-original Documents

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