70A-5-107 - Confirmer, nominated person, and adviser.
70A-5-107. Confirmer, nominated person, and adviser.
(1) A confirmer is directly obligated on a letter of credit and has the rights and obligationsof an issuer to the extent of its confirmation. The confirmer also has rights against andobligations to the issuer as if the issuer were an applicant and the confirmer had issued the letterof credit at the request and for the account of the issuer.
(2) A nominated person who is not a confirmer is not obligated to honor or otherwisegive value for a presentation.
(3) A person requested to advise may decline to act as an adviser. An adviser that is nota confirmer is not obligated to honor or give value for a presentation. An adviser undertakes tothe 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 theapparent 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). The terms in the notice to the transferee beneficiary may differ from the terms in any noticeto the transferor beneficiary to the extent permitted by the letter of credit, confirmation,amendment, or advice received by the person who so notifies.
Repealed and Re-enacted by Chapter 241, 1997 General Session