Stale Bill Of Lading for Malta

Stale Bill Of Lading Template for Malta

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Stale Bill Of Lading

"I need a Stale Bill of Lading document for a shipment of electronic components arriving in Malta on March 15, 2025, where the cargo needs to be released against a bank guarantee from HSBC Malta, with specific provisions for surrendering the original bill of lading within 45 days."

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What is a Stale Bill Of Lading?

The Stale Bill of Lading document addresses a common challenge in international shipping where cargo arrives at its destination before the original bill of lading, particularly relevant in Malta's busy maritime trade environment. This situation often occurs due to improved vessel speeds and electronic trading, while physical documents still move through traditional banking channels. The document provides a structured solution under Maltese law, allowing cargo release while protecting carriers from potential claims. It includes specific indemnities, usually supported by bank guarantees, and must comply with Malta's Merchant Shipping Act and Commercial Code requirements. The document is essential for maintaining efficient trade flow while managing legal and commercial risks in situations where the original bill of lading is delayed.

What sections should be included in a Stale Bill Of Lading?

1. Shipment Details: Essential information including vessel name, voyage number, port of loading/discharge, cargo description, and bill of lading number

2. Late Arrival Declaration: Statement confirming the bill of lading has not arrived and reason for the delay

3. Cargo Release Request: Formal request for the release of cargo without original bill of lading

4. Indemnity Statement: Clear statement of indemnity protecting the carrier from claims arising from releasing cargo without original bill of lading

5. Bank Guarantee Reference: Details of any bank guarantee or security provided for the release

6. Undertakings: Specific commitments by the requestor regarding the future delivery of original bill of lading and handling of any claims

What sections are optional to include in a Stale Bill Of Lading?

1. Counter-Indemnity Details: Required when there is a third-party guarantor providing additional security

2. Original Bill Location Status: Include when there's specific information about where the original bill is and expected arrival time

3. Customs Declaration Reference: Required when specific customs clearance arrangements are needed due to the stale bill situation

4. Previous Correspondence Reference: Include when referring to prior communications about the situation

What schedules should be included in a Stale Bill Of Lading?

1. Bank Guarantee Document: Copy of the bank guarantee or security provided

2. Cargo Invoice and Packing List: Supporting documents to verify cargo details

3. Copy of Bill of Lading: Non-negotiable copy of the bill of lading if available

4. Delivery Order Template: Format for the delivery order to be issued upon approval

5. Authorization Documents: Proof of authority of the signatory to make the request

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Maritime Transport

International Trade

Banking & Finance

Logistics

Insurance

Port Operations

Customs & Border Control

Manufacturing

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Shipping Manager

Trade Finance Manager

Logistics Coordinator

Maritime Lawyer

Documentation Officer

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Customs Broker

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