§ 26-1-5.1-107 — Confirmation; advice of credit; error in statement terms; notice to transfer beneficiary

Indiana § 26-1-5.1-107

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 5.1: Letters of Credit

Text

(a) A confirmer is directly obligated on
a letter of credit and has the rights and obligations of an issuer to the
extent of its confirmation. The confirmer also has rights against and
obligations to the issuer as if the issuer were an applicant and the
confirmer had issued the letter of credit at the request and for the
account of the issuer.
(b) A nominated person who is not a confirmer is not obligated to
honor or otherwise give value for a presentation.
(c) A person requested to advise may decline to act as an adviser.
An adviser that is not a confirmer is not obligated to honor or give
value for a presentation. An adviser undertakes to the issuer and to the
beneficiary accurately to advise the terms of the letter of credit,
confirmation, amendment, or advice received by that person and
undertakes to the beneficiary to check the apparent authenticity of the
request to advise. Even if the advice is inaccurate, the letter of credit,
confirmation, or amendment is enforceable as issued.
(d) A person who notifies a transferee beneficiary of the terms of a
letter of credit, confirmation, amendment, or advice has the rights and
obligations of an adviser under subsection (c). The terms in the notice
to the transferee beneficiary may differ from the terms in any notice to
the transferor beneficiary to the extent permitted by the letter of credit,
confirmation, amendment, or advice received by the person who so
notifies.

Legislative History

As added by P.L.183-1996, SEC.4.