Title 11, Chapter 5, Section 114
( 11-5-114)
Issuer's duty and privilege to honor; right to reimbursement. (1) An issuer must honor a draft or demand for payment which
complies with the terms of the relevant credit regardless of whether
the goods or documents conform to the underlying contract for sale
or other contract between the customer and the beneficiary. The
issuer is not excused from honor of such a draft or demand by reason
of an additional general term that all documents must be
satisfactory to the issuer, but an issuer may require that specified
documents must be satisfactory to it. (2) Unless otherwise agreed when documents appear on their face to comply with the terms of a credit but a required document does not in fact conform to the warranties made on negotiation or transfer of a document of title (Code Section 11-7-507) or of a certificated security (Code Section 11-8-108) or is forged or fraudulent or there is fraud in the transaction: (a) The issuer must honor the draft or demand for payment if honor is demanded by a negotiating bank or other holder of the draft or demand which has taken the draft or demand under the credit and under circumstances which would make it a holder in due course (Code Section 11-3-302) and in an appropriate case would make it a person to whom a document of title has been duly negotiated (Code Section 11-7-502) or a bona fide purchaser of a certificated security (Code Section 11-8-302); and (b) In all other cases as against its customer, an issuer acting
in good faith may honor the draft or demand for payment despite
notification from the customer of fraud, forgery, or other defect
not apparent on the face of the documents but a court of
appropriate jurisdiction may enjoin such honor. (3) Unless otherwise agreed an issuer which has duly honored a draft
or demand for payment is entitled to immediate reimbursement of any
payment made under the credit and to be put in effectively available
funds not later than the day before maturity of any acceptance made
under the credit. (4) When a credit provides for payment by the issuer on receipt of
notice that the required documents are in the possession of a
correspondent or other agent of the issuer: (a) Any payment made on receipt of such notice is conditional; and (b) The issuer may reject documents which do not comply with the
credit if it does so within three banking days following its
receipt of the documents; and (c) In the event of such rejection, the issuer is entitled by
charge-back or otherwise to return of the payment made. (5) In the case covered by subsection (4) of this Code section
failure to reject documents within the time specified in
subparagraph (b) of that subsection constitutes acceptance of the
documents and makes the payment final in favor of the beneficiary. |