(2) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.
(3) 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 to advise them accurately concerning 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.
(4) 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 (3) of this section. 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. [1961 c.726 §75.1070; 1997 c.150 §10]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 075 - Letters of Credit
Section 75.1020 - Definitions.
Section 75.1030 - Application of chapter.
Section 75.1040 - Formal requirements.
Section 75.1060 - Issuance, amendment, cancellation and duration.
Section 75.1070 - Confirmer, nominated person and adviser.
Section 75.1080 - Issuer’s rights and obligations.
Section 75.1090 - Fraud and forgery.
Section 75.1120 - Transfer of letter of credit.
Section 75.1130 - Successor of beneficiary.
Section 75.1140 - Assignment of proceeds.
Section 75.1160 - Choice of law and forum.
Section 75.1170 - Subrogation of issuer, applicant and nominated person.
Section 75.1180 - Security interest of issuer or nominated person.