Sec. 107. (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.
As added by P.L.183-1996, SEC.4.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 5.1. Letters of Credit
26-1-5.1-101. Short Title; Scope
26-1-5.1-104. Formal Requirements; Signing or Standard Practice
26-1-5.1-106. Time and Effect of Establishment of Credit; Expiration
26-1-5.1-109. Fraud and Forgery
26-1-5.1-110. Warranties on Transfer and Presentment
26-1-5.1-111. Remedies for Wrongful Dishonor, Repudiation, or Breach of Obligation
26-1-5.1-113. Successors of Beneficiaries; Rights; Recognition
26-1-5.1-114. Proceeds of Letter of Credit; Assignment
26-1-5.1-115. Statute of Limitations
26-1-5.1-116. Applicable Law Regarding Liability of Issuer; Choice of Forum
26-1-5.1-117. Rights of Subrogation
26-1-5.1-118. Security Interest of Issuer or Nominated Person