Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.
Source: L. 96: Entire article R&RE, p. 194, § 1, effective July 1.
Editor's note: This section is similar to former § 4-5-105 as it existed prior to 1996.
It is not to be expected that any issuer will issue its letter of credit without some form of remuneration. But it is not expected that the beneficiary will know what the issuer's remuneration was or whether in fact there was any identifiable remuneration in a given case. And it might be difficult for the beneficiary to prove the issuer's remuneration. This section dispenses with this proof and is consistent with the position of Lord Mansfield in Pillans v. Van Mierop, 97 Eng.Rep. 1035 (K.B. 1765) in making consideration irrelevant.
Structure Colorado Code
Title 4 - Uniform Commercial Code
§ 4-5-104. Formal Requirements
§ 4-5-106. Issuance, Amendment, Cancellation, and Duration
§ 4-5-107. Confirmer, Nominated Person, and Adviser
§ 4-5-108. Issuer's Rights and Obligations
§ 4-5-112. Transfer of Letter of Credit
§ 4-5-113. Transfer by Operation of Law
§ 4-5-114. Assignment of Proceeds
§ 4-5-115. Statute of Limitations
§ 4-5-116. Choice of Law and Forum
§ 4-5-117. Subrogation of Issuer, Applicant, and Nominated Person
§ 4-5-117.5. Security Interest of Issuer or Nominated Person