Примеры использования Underlying transaction на Английском языке и их переводы на Русский язык
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The nature of the underlying transaction that the signature was intended to support;
In addition, the financial institution may conduct a check against the underlying transaction.
The nature of the underlying transaction that the certificate or signature was intended to support;
Foreign exchange must be supported by relevant documents of the underlying transactions.
A Represents adjustments as the underlying transactions did not pertain to SDS shipments.
Deposits of large amounts of cash US$ or Euro's,without sufficient understanding or explanation of the underlying transaction.
As an adjunct to being"independent" from the underlying transaction, the undertakings covered by the Convention possess a"documentary" character.
This recognizes that it is the proper role of courts, andnot of guarantors/issuers, to investigate the facts of underlying transactions.
However, commercial parties to the underlying transaction may use other agencies to independently verify a particular shipment.
Transferable instruments are financial instruments that permit transfer of the instrument to persons who are not parties to the underlying transaction.
Deferred tax items are recognised in correlation to the underlying transaction either in other comprehensive income or directly in equity.
In all these cases, the guarantor merely ascertains whether the documents conform on their face to the requirements of the guarantee andis not to inquire into the underlying transaction.
As for outstanding SACE commitments,special monitoring has been put in place to verify that underlying transactions do not involve entities listed in the annex.
The guarantor/issuer is not called on to investigate the underlying transaction, but is merely to determine whether the documentary demand for payment conforms on its face to the terms of the guarantee or stand-by letter of credit.
They included: assessment of the entire face of the undertaking in order to determine independence; whether conditions could be verified"easily" or"without doubt";whether the condition was unrelated to the underlying transaction.
This circumstance buttresses the need to consider such loans and their underlying transactions as a whole to avoid disparate treatment among claimants based on their position in the overall arrangement.
In that respect, it was explained that in common law systems,negotiable instruments were considered a subset of transferable documents qualified by the fact that the negotiation of the instrument took place without reference to the underlying transaction.
Such a guarantee might be acceptable to the beneficiary if the guarantee is independent of the underlying transaction and is issued by a trading party whose commercial integrity and financial adequacy are regarded by the beneficiary as being beyond doubt.
However, even if the standing authorization to debit is lodged with the transferor bank,there is no assurance that the debit transfer instruction prepared by the transferee properly reflects the obligation due on the underlying transaction.
To clarify what was intended by the reference to the underlying transaction in subparagraph(b), it was observed that situations might arise where it might not be sufficient to rely only on the use of a technique of identification and some other form of identification or checking might be needed.
By allowing discretion to the guarantor/issuer acting in good faith,the Convention is sensitive to the concern of guarantor/issuers over preserving the commercial reliability of undertakings as promises that are independent from underlying transactions.
If the originator or the addressee has more thanone place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business;
In light of these considerations, the Panel determines, with respect to the claims under review,that the claims based on an associated specific purpose loan must be subject to the same jurisdictional criteria as those that apply to the underlying transaction.
If the addressee or the originator has more than one place of business,the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business;
For the reasons described in paragraph 22 above, since the underlying transaction was completed prior to 2 May 1990, the Panel finds that the obligations of the Iraqi borrower arose, within the meaning of Security Council resolution 687(1991), prior to 2 August 1990 and therefore the claim is outside the Commission's jurisdiction.
Evaluate the overall presentation, structure and content of the consolidated financial statements, including the disclosures, andwhether the consolidated financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
In particular, a decision would need to be made as to whether the functions of a certification authority could be performed by a person orentity that was also a party to the underlying transaction for the purpose of which a certificate might be used(a working assumption currently adopted by the Working Group) or whether the certification authority should, in all instances, be independent from the parties a situation akin to that of a notary public in a number of civil law countries.
The principle remains that financial derivatives should be treated as financial assets, andthat transactions in them should be treated as separate transactions rather than as integral parts of the value of underlying transactions or financial assets to which they may be linked.
It was said that draft article 1, subparagraph 1(b) contained a useful provision to allow for an expanded geographic scope of application for the draft convention, since it did not require that the States in which the parties to the contract were located should both be Contracting States of the Convention,so long as the laws of a Contracting State applied to the underlying transaction.
Furthermore, it was observed that it might not be appropriate to refer to"the extent" or"the nature" of an assignment as a pure outright transfer or a security device,since in many jurisdictions a clear distinction was drawn between the assignment and the underlying transaction(or the purpose for which the assignment was made) which the draft convention should not interfere with.