Classifications

• • G—PHYSICS
  • G06—COMPUTING; CALCULATING OR COUNTING
  • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
  • G06Q30/00—Commerce
  • G06Q30/06—Buying, selling or leasing transactions

Definitions

• This invention concerns forfaiting transactions.
• it concerns methods of operating a computerised forfaiting exchange to develop forfaiting transactions.
• it concerns a computerised forfaiting exchange.
• Forfaiting specifically addresses cross boarder trade and was designed to facilitate the export of goods to emerging markets and OECD markets. It involves an exporter that wishes to ship goods and an importer that wishes to receive them. The exporter agrees to deferred payment terms, and the importer arranges a deferred payment (aka 'usance' in Asia) letter of credit with a local issuing bank. The letter of credit will expire unless the goods are delivered by its expiry date. If the goods are delivered the letter of credit may be cashed at its maturity date. The local issuing bank seeks payment from the importer.
• the negotiable instrument is the draft or other form documenting the payment obligation and supported by the L/C or original guarantee - not the L/C itself.
• Permitting the seller to create an instance of the offer document by: identifying the asset to be offered by using the asset selection entry facilities and asset information entry facilities; identifying the terms for the offer by using the offer selection entry facilities and offer information entry facilities; identifying the offer documents to accompany the offer by using the offer document selection entry facilities and offer document attachment facilities; identifying the undertakings to be made by using the undertaking selection entry facilities and undertaking document attachment facilities. Permitting the seller to submit an instance of the offer document, so that it becomes available to view by potential buyers from only the classes of buyers identified as being those whom the seller will develop the transaction.
• the counter offer document contains counter offer selection and counter offer information entry facilities for entry of variations to an offer document instance
• the independent nature of the exchange creates a trusted medium for developing the transactions for settlement.
• the exchange provides a step by step process by which the transactions are developed. It may require all the necessary documents to be completed before the next step can be taken, and it may guide the process to the extent of identifying mistakes and even offering corrections.
• the transaction may continue until all terms are matched. Settlement may then take place at the exchange or by any other suitable means. Where a complete match is not achieved, settlement may still be achieved, say by further off-line negotiation.
• the offer document contains the following items: a list of classes of asset together with asset selection entry facilities and asset information entry facilities for entry of details of the asset, a link to an independent source of financial information, a list of terms for the offer together with offer selection entry facilities and information entry facilities for entry of details of the offer, a list of offer documents to accompany the offer together with offer document selection entry facilities and offer document attachment facilities for attaching copies of offer documents, links to standardized forms of offer documents, a list of undertakings for the seller to make together with undertaking selection entry facilities and undertaking document attachment facilities for attaching copies of undertaking documents, links to standardized forms of undertaking documents. Permitting the seller to download the offer document.
• Fig. 1 is a diagram of a web site map.
• Fig. 2 is a diagram of the underlying parties and the business flows that precede a forfaiting transaction executed via the software on (or and) the website using the 'primary platform' according to the invention. The portion that is addressed on the web site is encircled for clarification sake.
• Fig. 4 is a diagram of the underlying parties and the business Hows that precede a forfaiting transaction executed via the network using the software on (or and) the 'secondary platform' according to the invention. The portion that is addressed on the web site is encircled for clarification sake.
• Fig. 5 is a flow chart of the business flows on the secondary platform.
• the computerised forfaiting exchange comprises a web site having site map 10 illustrated in Fig. 1. This site map is accessible by both bankers and other investors, and provides gateways into a primary platform 11 and a secondary platform 12.
• the primary platform is designed to facilitate the development of transactions: the sale of receivables held by the exporter 21 to a third party purchaser 23 that is not the exporters negotiating bank 26.
• the transaction is between and exporter 21, a third party purchaser 23, and the negotiating bank 26; as illustrated in Fig. 2.
• the importer's bank 24 opens the deferred payment letter of credit in favour of the exporter 21.
• the letter of credit is sent to the exporter's advising bank 25.
• the advising bank 25 advises the exporter that the letter of credit has been opened.
• the (importer's) L/C issuing Opening' bank 24 accepts the shipping documents as in compliance with the terms of the letter of credit and the negotiating bank 26 draws (sends) a draft(s)/bill(s) of exchange on (to) the importer's bank 24.
• the exporter is the beneficiary of the draft(s).
• the forfaiting transaction commences its execution via the website.
• the bank would have most likely consulted the software and platform for documentation forms and assistance in preparing the underlying documents to be authorized and or signed by the exporter prior to this point in time and in preparation for this point in time.
• the exporter then appoints its negotiating bank 26 to negotiate the sale of the asset and the negotiating bank goes out to find a third party purchaser 23 via the website.
• the negotiating bank acting as agent on behalf of the exporter acknowledges to the third party purchaser that they have been informed of the assignment.
• the third party purchaser reserves the right to request the negotiating bank to notify the importer's L/C 'opening' bank 24 of the assignment of the claim. In this case the negotiating bank does this.
• the importer's L/C 'opening' bank 24 then acknowledges their acceptance of the assignment and their obligation to pay irrevocably and directly to the third party purchaser 23 or according to their instructions.
• Generic documents acknowledging the sale/transfer of ownership and obligation(s) to pay are executed online or viewed online and executed offline and then the counter parties will have the choice to close offline or online via a digital execution of the same.
• the counter parties will be able to choose 1) digital or non digital escrow services, warehouse services or neither, and 2) offline hard copy close or online digital closing.
• the offline option has been chosen prior to commencing the transaction, all the hard copy original and conformed copy documents are forwarded to the buyer, an escrow agent or warehouse facility for hard copy review and acceptance.
• Settlement then takes place between the exporter 21 and the third party purchaser 23 via the negotiating bank 26.
• the third party purchaser 23 wires the funds to the negotiating bank 26 for the account of the exporter.
• the primary platform 11 of the forfaiting exchange 10 facilitates this transaction by providing a number of online, interactive, multi-lingual 'smart' documents and 'smart' guided processes for completing and submitting the documents either in hard copy or digitally for a hard copy or digital close.
• the primary platform also aggregates and provides access to information and links, such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• risk management information such as financial information feeds like Reuters and the latest LIBOR rates.
• speciality bulletin board like ratings, Uniform Code of Practice (UCP 500), indicative
• Multilingual administrative expertise (vocal and digital) is provided on specific transactions on a 'pay per use' facility (packages of time can also be purchased in advance). Administrative expertise is provided on generic documents free of charge. Information is also provided about procedures for primary and secondary financing and underlying transaction structures. All of this multilingual expertise & support critical to the transaction process and distribution is provided twenty four hours online or via telephone. At the outset of the aforementioned transaction the bank 26 informs the exporter that they have a bona fide claim.
• the advising and negotiating bank is the Singapore Bank Limited and it advises its client, the exporter's Singapore Technologies Engineering Limited (STEL) by filling in the relevant details in entry boxes of the document that follows:
• STEL is invited to indicate, by clicking the radio button below the first paragraph, whether it wishes to initiate the transaction, and if so, to complete the remainder of the documents:
• STEL completes the following document to instruct and authorize the bank to seek a buyer under the terms specified (In actuality much of this information has already been completed by the bank that has it on record and the exporter is thereby then in that case the authorized party re-stating it), and contracts with the bank for these services.
• the Negotiating Bank will issue an irrevocable payment instruction to its correspondent in the country of the currency in which the draft and L/C are denominated. With an irrevocable payment instruction that indicates that upon receipt of the funds, the Correspondent Bank must wire the funds directly to the Purchaser and not credit the Negotiating Bank's account.
• ISTEI-j authorises the Negotiating Bank to use custodian services, if requested by the Purchaser.
• the Singapore Bank Ltd 25/26 will be registered on the primary trading platform in order to access its services, and will have an identifier and password to enable them to access the platform. Each transaction they enter will have a random alphanumeric code assigned to it.
• the bank receives the offer, adjusts the offer, or not as the customer relationship management may dictate and/or each case may be and submits it to the primary trading platform 32.
• Undertakings the bank may be prepared to make in support of the offer. Undertakings the exporter is prepared to make to support the offer, but the bank may customize the undertakings by the exporter with the agreement of the exporter, the bank may request signature(s) on documents that leave the purchaser's name in blank before offering the receivable for sale on the primary platform. Note - the bank is not required to produce the exporters permission or agreement for the bank to load margins or add fees, etc. that is left to the bank and its relationship with its exporter.
• the negotiating bank acting as agent for the exporter offers the transaction on the platform to potential buyers; this is indicated at 32 on Fig. 3.
• a potential buyer may view the offering(s) for sale, only viewing qualified assets according to the indications that they have preselected; as shown at 33 on Fig. 3. Should they choose to purchase 34, they are then presented with a guided submission to complete and return 35.
• the negotiating bank will be able to view any counter offers subsequently received, 36 and if the negotiating bank so chooses, may make them visible to the exporter, before and/or after loading pricing and adding fees.
• the negotiating bank controls the Customer Relationship Management (CRM) features.
• CCM Customer Relationship Management
• the 'View counter offers summary window' example shown below there are four counter offers received.
• the buyer known as "juyh ⁇ "
• the buyer wishes to negotiate price and terms, but not terms and conditions. They wish particularly to buy draft No 1 for a particular price.
• offer #2 the buyer wishes to buy two of the drafts.
• offer #3 the buyer desires a different discount equation, straight discount in alternative to discount to yield. All industry words are explained upon a "click”.
• offer #4 the buyer wishes to buy four of the drafts.
• DRAFT NO. 3 AMOUNT: 2,966,666.66 MATURITY DATE: 18/10/2002 TENOR: 546 Days +
• the secondary trading platform 12 is provided for a slightly different transaction, that is the sale by the first (primary) purchaser of the exporter's receivable to a second purchaser 27. Subsequent sales require minor variation of the following. Nevertheless it enable the primary purchaser to revisit, amend and or enhance its underlying documentation with the exporter in order to utilize best practice documentation and procedures. Alternatively standard documentation and procedure can be engaged from the outset by the bank to execute the purchase form the exporter.
• the exporter 21 has signed a sale/purchase agreement with the importer 22 for goods to be imported.
• the importer's L/C 'opening' bank 24 opens the deferred payment letter of credit in favour of the exporter 21.
• the letter of credit is sent to the exporter's advising bank 25.
• the advising bank 25 advises the exporter that the letter of credit has been opened.
• the exporter then delivers the goods to the importer and presents all the necessary shipping documents for draw down of the letter of credit to its negotiating bank 26, which in turn forwards them to the importer's L/C 'opening' bank for acceptance.
• the (importer's) L/C issuing 'opening' bank 24 accepts the shipping documents as in compliance with the terms of the letter of credit and the negotiating bank 26 forwards on behalf of the exporter the draft(s)/bill(s) of exchange that the exporter has drawn to the importer's bank 24.
• the exporter is the beneficiary of the draft(s).
• Upon the (importer's) L/C issuing bank's 24 acceptance of the draft(s) a negotiable instrument is born.
• this draft(s) or bill(s) of exchange fully states the payment obligation undertaken by the hard copy draft and thereby confirms the amount(s) due on day/month/year date(s), that the bank will under no circumstances release the bill(s) of exchange to any other party, person or institution other than exporter and/or its assignee(s) and undertakes to pay upon presentation in effective currency at maturity the referenced amount(s), without any deductions whatsoever, to the exporter and/or its assignee(s).
• the ownership of the payment obligation must be transferred properly to the first (primary) purchaser that in this example is also the negotiating bank, and this transfer usually includes the execution of an acceptance of the assignment of the underlying obligation by the L/C issuing 'opening' bank or other form(s) of obligation (usually the initial guarantor), the exporter and the new purchaser/holder/owner. And an acknowledgment of the assignment of the underlying obligation to the new purchaser/holder/owner by the L/C 'opening' bank and negotiating banks.
• the exporter has already agreed to sell this payment obligation to its negotiating bank which becomes the first purchaser (aka primary purchaser).
• the draft has been endorsed 'without recourse' to the exporter and the exporter assigns its rights under the letter of credit to the first purchaser (in this example the first purchaser, advising and negotiating bank are the same).
• the first purchaser (formerly the negotiating bank) pays the exporter the discounted proceeds.
• the second purchaser 27 wires funds to the first purchaser 26 (formerly the negotiating bank).
• the platform software guides the first (primary) purchaser (formerly the negotiating bank) through the proper orderly preparation of conformed copies of the documents representing the underlying trade transaction, the transfer of ownership from the exporter to the first purchaser using good practice process and procedures, and the onward sale of the asset to a second purchaser, and provides guidance and process for all the endorsement(s) and assignment(s) made by the exporter to the first purchaser and acknowledgment(s) by and other documents from the negotiating bank and others (as the case may call for).
• the platform (software) provides the same for the sale from the first purchaser to the second purchaser.
• a sale(s)/purchase(s) 'matched' on the secondary platform can be executed with (sold to) banks, non-bank financial institutions, non-financial institutions and packagers.
• AMOUNT [USD 1,375,000.00
• MATURITY DATE 15/10/01 MATURITY DATE:
• AMOUNT [USD 1,375,000.001 AMOUNT:
• AMOUNT USD 1,375,000.001 AMOUNT:
• MATURITY DATE 08/04/03 MATURITY DATE:
• AMOUNT AMOUNT:
• DRAFT NO. 7 DRAFT NO. 14:
• AMOUNT AMOUNT:
• MATURITY DATE MATURITY DATE: TENOR: 1 1 days TENOR: days
• Step 2 Terms of Offer: Worksheet obligatory field
• Step 3 Guided Documents submission: Worksheet Interactive guided process is available under Document and Procedures. If scanning, prepare and authenticate electronic copies of documents to be submitted.
• the offering will then be allocated an alphanumeric code to assure the seller's anonymity, "'Harvy 3" in this case, and will be displayed 52 along with other offerings on the platform.
• the buyer sees a condensed form of the documents completed by the sellers since they only see the fields that have been completed by the seller. At the same time the buyer sees high level information so that the eye can scan many transactions, and drill down to see, terms details of standard documents, seller's documents, or complete offer. The buyer can flexibly move in and out of any of these documents and categories. The buyer then has the option to flag transactions and documents of interest for further consideration, one such flagged transaction as follows:
• Type of Seller offering ⁇ First Purchaser/Second Seller
• LIBOR Options ⁇ Libor fixing 2 days before disbursement INTEREST BASIS: ⁇ 365 days over 360 days DAYS OF GRACE: O DAYS
• days of grace Due to trade finance practitioners' historical experience of delays in repayments and settlement procedures with certain countries and/or guaranteeing banks, the practice of anticipating these delays and factoring them into the discounting developed and these days are known as "days of grace". They are added to the final matu ⁇ ty and thereby discounted in advance whether actual or not.
• the seller then makes a second offer 57 in response to the buyer's first counter offer by filling in another counteroffer document.
• the seller offers to sell two out of the four drafts, changes the terms, changes the calculations used to arrive at the terms, offers some revised documents and offers some new documents required by the potential purchaser in its counter offer.
• the summary of other offers on this receivable that the seller has received may include stand alone offers on the other remaining drafts and the seller may choose to sell those elsewhere, in other words to mix and match offers and counter offers in order to sell all of the drafts associated with this specific export. Multiple negotiations can be carried out simultaneously by one counter party.
• the system supports and assists the stripping of these assets into component parts for sale separately.

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• Business, Economics & Management (AREA)
• Accounting & Taxation (AREA)
• Finance (AREA)
• Strategic Management (AREA)
• Economics (AREA)
• Marketing (AREA)
• Development Economics (AREA)
• Physics & Mathematics (AREA)
• General Business, Economics & Management (AREA)
• General Physics & Mathematics (AREA)
• Engineering & Computer Science (AREA)
• Theoretical Computer Science (AREA)
• Management, Administration, Business Operations System, And Electronic Commerce (AREA)
• Financial Or Insurance-Related Operations Such As Payment And Settlement (AREA)
• Document Processing Apparatus (AREA)

Priority Applications (5)

Applications Claiming Priority (4)

Publications (1)

Family

ID=25646865

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Cited By (1)

Citations (2)

• 2002
  • 2002-12-19 RU RU2004122083/09A patent/RU2323478C2/ru not_active IP Right Cessation
  • 2002-12-19 EP EP02784920A patent/EP1468385A4/de not_active Withdrawn
  • 2002-12-19 AU AU2002350278A patent/AU2002350278B2/en not_active Ceased
  • 2002-12-19 NZ NZ534130A patent/NZ534130A/en not_active IP Right Cessation
  • 2002-12-19 CA CA002511131A patent/CA2511131A1/en not_active Abandoned
  • 2002-12-19 WO PCT/AU2002/001726 patent/WO2003054751A1/en active Application Filing
  • 2002-12-19 JP JP2003555395A patent/JP2005524887A/ja active Pending

Patent Citations (2)

Non-Patent Citations (2)

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