Recourse

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📖 Detailed Explanation

Recourse in international trade and finance refers to the right of the holder of a negotiable instrument, when the drawee refuses acceptance or payment, to demand repayment of the instrument amount and related expenses from prior parties (endorsers, drawer) or relevant guarantors. It is commonly seen in letters of credit, collections, bill discounting, factoring, etc. When exercising recourse, note: 1) A protest must be made and a notice of dishonor must be given within the statutory time limit, otherwise the right of recourse may be lost; 2) Recourse is joint and several, and the holder may seek recourse from any prior party; 3) It is opposite to 'Without Recourse', which means the holder waives the right of recourse against prior parties and bears the risk itself. In foreign trade practice, when an exporter negotiates or discounts through a bank, if the bank reserves recourse, it may recover the funds from the exporter when the importer refuses payment; if the bank waives recourse, it bears the bad debt risk. Therefore, clarifying whether recourse exists directly relates to risk allocation and financing costs.

📝 Examples

1. In letter of credit negotiation, the negotiating bank usually reserves recourse; if the issuing bank refuses payment, the negotiating bank has the right to recover the negotiated amount from the beneficiary. (Note: The negotiating bank reserves recourse, and the exporter bears the ultimate risk of collection.) 2. The exporter marks 'Without Recourse' on the bill of exchange and endorses it to the bank; if the importer refuses payment at maturity, the bank may not seek recourse against the exporter. (Note: A without-recourse endorsement frees the exporter from recourse, but the bank will charge a higher discount rate or refuse financing.)

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