(a) Except as otherwise provided in section 45-109, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this section, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in section 4-5-113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.
(b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents:
To honor;
If the letter of credit provides for honor to be completed more than seven businessdays after presentation, to accept a draft or incur a deferred obligation; or
To give notice to the presenter of discrepancies in the presentation.
Except as otherwise provided in subsection (d) of this section, an issuer is precludedfrom asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given.
Failure to give the notice specified in subsection (b) of this section or to mentionfraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in section 4-5-109 (a) or expiration of the letter of credit before presentation.
An issuer shall observe standard practice of financial institutions that regularly issueletters of credit. Determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.
An issuer is not responsible for:
The performance or nonperformance of the underlying contract, arrangement, or transaction;
An act or omission of others; or
Observance or knowledge of the usage of a particular trade other than the standardpractice referred to in subsection (e) of this section.
If an undertaking constituting a letter of credit under section 4-5-102 (a)(10) containsnondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.
An issuer that has dishonored a presentation shall return the documents or hold themat the disposal of, and send advice to that effect to, the presenter.
An issuer that has honored a presentation as permitted or required by this article:
Is entitled to be reimbursed by the applicant in immediately available funds not laterthan the date of its payment of funds;
Takes the documents free of claims of the beneficiary or presenter;
Is precluded from asserting a right of recourse on a draft under sections 4-3-414 and
3-415;
Except as otherwise provided in sections 4-5-110 and 4-5-117, is precluded fromrestitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and
Is discharged to the extent of its performance under the letter of credit unless theissuer honored a presentation in which a required signature of a beneficiary was forged.
Source: L. 96: Entire article R&RE, p. 195, § 1, effective July 1.
Editor's note: This section is similar to former §§ 4-5-109 and 4-5-112 as they existed prior to 1996.