(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant: (1) The issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and (2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case.
(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that: (1) The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer; (2) a beneficiary, issuer or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted; (3) all of the conditions to entitle a person to the relief under the law of this state have been met; and (4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subdivision (1) of subsection (a) of this section.
(1959, P.A. 133, S. 5-109; P.A. 96-198, S. 9.)
History: P.A. 96-198 entirely replaced former provisions re the obligation of the issuer to its customer with provisions re the honoring of a presentation when there is fraud or forgery, in part a restatement of Sec. 42a-5-114(2), revised to 1995, and the standards for the issuance of injunctive or other relief.
See Sec. 42a-5-108 for successor provisions to Sec. 42a-5-109, revised to 1995, re issuer's obligation to its customer.
Cited. 173 C. 492; 203 C. 394.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-5-101. - Short title: Uniform Commercial Code–Letters of Credit.
Section 42a-5-102. - Definitions.
Section 42a-5-104. - Formal requirements.
Section 42a-5-105. - Consideration.
Section 42a-5-106. - Issuance, amendment, cancellation and duration.
Section 42a-5-107. - Confirmer, nominated person and adviser.
Section 42a-5-108. - Issuer's rights and obligations.
Section 42a-5-109. - Fraud and forgery.
Section 42a-5-110. - Warranties.
Section 42a-5-111. - Remedies.
Section 42a-5-112. - Transfer of letter of credit.
Section 42a-5-113. - Transfer by operation of law.
Section 42a-5-114. - Assignment of proceeds.
Section 42a-5-115. - Statute of limitations.
Section 42a-5-116. - Choice of law and forum.
Section 42a-5-117. - Subrogation of issuer, applicant and nominated person.
Section 42a-5-118. - Security interest of issuer or nominated person.