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Bank Comfort Letter -- Can it be used for fraud?
Post 1 of 3
Dustin Adam Jones
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Hello, I am dealing with a transaction where the broker is requiring the following "- A BCL (Bank Capability Letter) outlining and supporting the entire financial amount of this transaction. In addition, the BCL must be on bank letter head and contain all end buyer information. It must also be addressed to "ATTN: Supplier" or addressed to "Whom It May Concern" if possible. - A Business Registration outlining the nature and set up of the end buyer's business operation. This can be a tax record, corporation registration, sole proprietor, etc. Anything reflecting the business operation." First off, I did a sample with this company from their website of 10 products and they all came to me. They are located 1 hour away from me and also have no negative remarks on BBB, and are a legally registered company from the past 5 years in the same name in my state. My question: In sending this information to them, is it ok? Can they use any of this information to access the bank accounts on the Bank Comfort Letter? What precautions if I decide to send should I establish with my bank to secure my self and funds? This is for a competitive product, so I do understand that they do not want to waste their time and suppliers and move to the next stage if the buyer is not capable. Any insight would be most appreciated. 100 points to the best answer (it took a lot of post to get them so a thorough response would be great!) Thanks, Dustin Jones
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17 Oct 2007 15:24
Post 2 of 3
Replying to [Dustin Adam Jones]: A BCL is generally asked for by middlemen trying to prove their worth with an end seller. They can and frequently are used for fraud. BCL's should only go bank to bank. The Seller can make an enquiry to the buyers bank, via their bank of course, to ensure that the letter of credit is valid, etc. This will give the confirmation that the funds are real.
19 Oct 2007 16:02
Post 3 of 3
jerryfranc
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I would not send any information above the one provided by the bank on a standard BCL form. The only thing you will see there is the buyer's name. The rest is bank info and 2 officers of the bank responsble for the transaction. Anything above that CAN & WILL BE USED AGAINST YOU. My believe is that whoever wrote to you asking for this information wrote it with one specific intent in mind - to obtain info about the buyer so that he/she can deal with your buyer direct the next time around. You see the bank guarantees the seller that the buyer realy has the money deposited there. Were it not true and the whole deal went south, the seller could seek damages from the bank. In other words the bank guarantees that "NAME" has money in their bank for particular transaction in a specific amount. So why would anyone need more info? If the deal goes south they have the bank to go after. They do not need the buyer's info, besides it is easier to sue a bank, which has a lot of money,  than some private party.

This is my 5 cents.

 

Quoting from [Dustin Adam Jones]:


Hello, I am dealing with a transaction where the broker is requiring the following "- A BCL (Bank Capability Letter) outlining and supporting the entire financial amount of this transaction. In addition, the BCL must be on bank letter head and contain all end buyer information. It must also be addressed to "ATTN: Supplier" or addressed to "Whom It May Concern" if possible. - A Business Registration outlining the nature and set up of the end buyer's business operation. This can be a tax record, corporation registration, sole proprietor, etc. Anything reflecting the business operation." First off, I did a sample with this company from their website of 10 products and they all came to me. They are located 1 hour away from me and also have no negative remarks on BBB, and are a legally registered company from the past 5 years in the same name in my state. My question: In sending this information to them, is it ok? Can they use any of this information to access the bank accounts on the Bank Comfort Letter? What precautions if I decide to send should I establish with my bank to secure my self and funds? This is for a competitive product, so I do understand that they do not want to waste their time and suppliers and move to the next stage if the buyer is not capable. Any insight would be most appreciated. 100 points to the best answer (it took a lot of post to get them so a thorough response would be great!) Thanks, Dustin Jones


16 May 2008 10:58
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