Payment Non-transferability

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📖 Detailed Explanation

Non-transferability of payment for an order is an important clause in international trade, meaning that when the buyer or issuing bank pays for goods, the right to receive payment cannot be transferred to a third party. This term is commonly found in letters of credit (L/C) and contract payment clauses, especially when the L/C explicitly states 'non-transferable', the beneficiary cannot assign the right to receive payment to others. Use cases include: the buyer requires payment only to the original beneficiary to prevent fraud or money laundering risks; or the seller protects trade secrets by avoiding third-party involvement in receiving payment. Note: if transfer of the right to receive payment is needed, prior consent from the buyer or issuing bank must be obtained, otherwise the transfer is invalid; unlike a 'transferable L/C', which allows the beneficiary to transfer the L/C rights to a second beneficiary, this term prohibits such operations. Additionally, this term differs from 'assignment of proceeds': assignment is when the beneficiary voluntarily transfers receivables to a bank or factor, but if the contract stipulates non-transferability, the assignment may be restricted. Foreign trade practitioners should clarify the transferability of payment before signing contracts to avoid payment obstacles or legal disputes caused by misunderstandings.

📝 Examples

1. According to Article 5 of the contract, payment for the order is non-transferable, so you cannot pay this amount to a third-party company; it must be remitted directly to our account. (Note: The buyer requested payment to a third party, and the seller refused based on the non-transferability clause.) 2. The letter of credit explicitly states 'payment non-transferable', and the advising bank has refused to accept the beneficiary's application to transfer the right to receive payment; please pay directly to the original beneficiary. (Note: The bank refused to process the transfer of the right to receive payment according to the L/C terms.)

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