Lost Bill Of Lading for the United States

Lost Bill Of Lading Template for United States

A Lost Bill of Lading document is a legal instrument used in U.S. maritime and commercial trade when an original bill of lading has been lost, destroyed, or misplaced. This document, governed by the Federal Bills of Lading Act and UCC Article 7, provides a framework for the cargo release process while protecting the carrier against potential claims. It typically includes an indemnity agreement and may require additional security such as a bank guarantee.

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Lost Bill Of Lading

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What is a Lost Bill Of Lading?

The Lost Bill of Lading document addresses a critical need in international trade when the original document of title goes missing. As bills of lading are crucial for proving ownership and enabling the release of cargo, their loss can severely disrupt supply chains and cause significant financial impact. This document, governed by U.S. federal maritime law and the Uniform Commercial Code, provides a legal framework for resolving such situations. It includes detailed information about the lost document, shipment details, and typically requires the provision of an indemnity to protect the carrier against potential claims from holders of the original bill of lading.

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

1. Declaration of Loss: Statement declaring the original bill of lading as lost/missing with details of when and how the loss occurred

2. Shipment Details: Information about the lost bill of lading including bill number, date of issue, vessel name, voyage number, port of loading and discharge

3. Cargo Description: Detailed description of the cargo covered by the lost bill including quantity, weight, and marks/numbers

4. Indemnity Statement: Formal commitment to indemnify the carrier against any claims arising from the lost document or its replacement

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

1. Bank Guarantee: Required when high-value cargo is involved or when the carrier requires additional security for issuing a replacement

2. Insurance Coverage: Details of insurance coverage for the lost document and related liabilities, if applicable

3. Search Declaration: Detailed description of efforts made to locate the original document and confirmation that it cannot be found

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

1. Copy of Original Bill: If available, non-negotiable copy of the lost bill of lading

2. Bank Guarantee Form: Standard form of bank guarantee including terms and conditions of the security

3. Supporting Documents: Related shipping documents including commercial invoice, packing list, and customs documentation

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bill of Lading

Cost

Free to use
Industries

Uniform Commercial Code (UCC) - Article 7: Documents of Title provisions, particularly UCC ยง 7-601 which specifically addresses lost, stolen, or destroyed documents. This forms the fundamental basis for handling lost bills of lading in domestic commerce.

Federal Bills of Lading Act (Pomerene Act): Codified in 49 U.S.C. ยง 80101-80116, this federal legislation governs bills of lading in interstate and foreign commerce, providing key requirements for lost document procedures.

Carriage of Goods by Sea Act (COGSA): Found in 46 U.S.C. ยง 30701, this act applies specifically to ocean bills of lading for international shipments and must be considered for lost documents in international maritime trade.

Harter Act: Codified in 46 U.S.C. ยง 30701-30707, this legislation is relevant for domestic maritime shipments and provides important provisions for lost documentation in domestic sea transport.

State Commercial Codes: Various state-specific commercial codes and maritime laws that may apply depending on the jurisdiction where the lost bill of lading case is being handled.

Indemnity Requirements: Legal requirements for providing adequate indemnification to protect carriers and other parties against potential claims arising from the lost document.

Title Documentation: Legal requirements for proving ownership or title to the goods in the absence of the original bill of lading.

Security Provisions: Requirements for security measures or bonds that must be provided when requesting a replacement for a lost bill of lading.

Carrier Liability Regulations: Rules governing the extent and limitations of carrier liability in cases of lost bills of lading.

Time Limitation Rules: Statutory time limits and deadlines that apply to reporting lost documents and requesting replacements.

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