home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
stat
/
ucc
/
ucc5.ws
(
.txt
)
< prev
next >
Wrap
WordStar Document
|
1993-08-01
|
22KB
|
524 lines
ARTICLE 5
LETTERS OF CREDIT
Section
5-101. Short Title.
5-102. Scope.
5-103. Definitions.
5-104. Formal Requirements; Signing.
5-105. Consideration.
5-106. Time and Effect of Establishment of Credit.
5-107. Advice of Credit; Confirmation; Error in Statement of
Terms.
5-108. "Notation Credit"; Exhaustion of Credit.
5-109. Issuer's Obligation to Its Customer.
5-110. Availability of Credit in Portions; Presenter's
Reservation of Lien or Claim.
5-111. Warranties on Transfer and Presentment.
5-112. Time Allowed for Honor or Rejection; Withholding Honor
or Rejection by Consent; "Presenter".
5-113. Indemnities.
5-114. Issuer's Duty and Privilege to Honor; Right to
Reimbursement.
5-115. Remedy for Improper Dishonor or Anticipatory Repudiation.
5-116. Transfer and Assignment.
5-117. Insolvency of Bank Holding Funds for Documentary Credit.
ARTICLE 5
LETTERS OF CREDIT
5-101. Short Title.
This Article shall be known and may be cited as Uniform
Commercial Code -- Letters of Credit.
5-102. Scope.
(1) This Article applies
(a) to a credit issued by a bank if the credit requires a
documentary draft or a documentary demand for payment; and
(b) to a credit Issued by a person other than a bank if the
credit requires that the draft or demand for payment be
accompanied by a document of title; and
(c) to a credit issued by a bank or other person if the
credit is not within subparagraphs (a) or (b) but conspicuously
states that it is a letter of credit or is conspicuously so
entitled.
(2) Unless the engagement meets the requirements of
subsection (1), this Article does not apply to engagements to
make advances or to honor drafts or demands for payment, to
authorities to pay or purchase, to guarantees or to general
agreements
(3) This Article deals with some but not all of the rules
and concepts of letters of credit as such rules or concepts have
developed prior to this act or may hereafter develop. The fact
that this Article states a rule does not by itself require, imply
or negate application of the same or a converse rule to a
situation not provided for or to a person not specified by this
Article.
5-103. Definitions.
(1) In this Article unless the context otherwise requires
(a) "Credit" or "letter of credit" means an engagement by a
bank or other person made at the request of a customer and of a
kind within the scope of this Article (Section 5-102) that the
issuer will honor drafts or other demands for payment upon
compliance with the conditions specified in the credit. A credit
may be either revocable or irrevocable. The engagement may be
either an agreement to honor or a statement that the bank or
other person is authorized to honor.
(b) A "documentary draft" or a "documentary demand for
payment" is one honor of which is conditioned upon the
presentation of a document or documents. "Document" means any
paper including document of title, security, invoice,
certificate, notice of default and the like.
(c) An "issuer" is a bank or other person issuing a credit.
(d) A "beneficiary" of a credit is a person who is entitled
under its terms to draw or demand payment.
(e) An "advising bank" is a bank which gives notification
of the issuance of a credit by another bank.
(f) A "confirming bank" is a bank which engages either that
it will itself honor a credit already issued by another bank or
that such a credit will be honored by the issuer or a third bank.
(g) A "customer" is a buyer or other person who causes an
issuer to issue a credit. The term also includes a bank which
procures issuance or confirmation on behalf of that bank's
customer.
(2) Other definitions applying to this Article and the
sections in which they appear are:
"Notation Credit". Section 5-108.
"Presenter". Section 5-112(3).
(3) Definitions in other Articles applying to this Article
and the sections in which they appear are:
"Accept" or "Acceptance" Section 3-409.
"Contract for sale". Section 2-106.
"Draft". Section 3-104.
"Holder in due course". Section 3-302.
"Midnight deadline". Section 4-104.
"Security". Section 8-102.
(4) In addition, Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article.
5-104. Formal Requirements; Signing.
(1) Except as otherwise required in subsection (1)(c) of
Section 5-102 on scope, no particular form of phrasing is
required for a credit. A credit must be in writing and signed by
the issuer and a confirmation must be in writing and signed by
the confirming bank. A modification of the terms of a credit or
confirmation must be signed by the issuer or confirming bank.
(2) A telegram may, be a sufficient signed writing if it
identifies its sender by an authorized authentication. The
authentication may be in code and the authorized naming of the
issuer in an advice of credit is a sufficient signing.
5-105. Consideration.
No consideration is necessary to establish a credit or to
enlarge or otherwise modify its terms.
/* The UCC makes such provisions in many different places. This
does not mean that consideration is not required; only that for
business reasons persons from time to time change the terms of
credits and other similar business instruments for no other
reason than customer request.
5-106. Time and Effect of Establishment of Credit.
(1) Unless otherwise agreed a credit is established
(a) as regards the customer as soon as a letter of credit
is sent to him or the letter of credit or an authorized written
advice of its issuance is sent to the beneficiary; and
(b) as regards the beneficiary when he receives a letter of
credit or an authorized written advice of its issuance.
(2) Unless otherwise agreed once an irrevocable credit is
established as regards the customer it can be modified or revoked
only with the consent of the customer and once it is established
as regards the beneficiary it can be modified or revoked only
with his consent.
(3) Unless otherwise agreed after a revocable credit is
established it may be modified or revoked by the issuer without
notice to or consent from the customer or beneficiary.
(4) Notwithstanding any modification or revocation of a
revocable credit any person authorized to honor or negotiate
under the terms of the original credit is entitled to
reimbursement for or honor of any draft or demand for payment
duly honored or negotiated before receipt of notice of the
modification or revocation and the issuer in turn is entitled to
reimbursement from its customer.
5-107. Advice of Credit; Confirmation; Error in Statement of
Terms.
(1) Unless otherwise specified an advising bank by advising
a credit issued by another bank does not assume any obligation to
honor drafts drawn or demands for payment made under the credit
but it does assume obligation for the accuracy of its own
statement.
(2) A confirming bank by confirming a credit becomes
directly obligated on the credit to the extent of its
confirmation as though it were its issuer and acquires the rights
of an issuer.
(3) Even though an advising bank incorrectly advises the
terms of a credit it has been authorized to advise the credit is
established as against the issuer to the extent of its original
terms.
(4) Unless otherwise specified the customer bears as
against the issuer all risks of transmission and reasonable
translation or interpretation of any message relating to a
credit.
5-108. "Notation Credit"; Exhaustion of Credit,
(1) A credit which specifies that any person purchasing or
paying drafts drawn or demands for payment made under it must
note the amount of the