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U.C.C. - ARTICLE 5
LETTERS OF CREDIT


§ 5-112. Time Allowed for Honor or Rejection; Withholding Honor or Rejection by Consent; "Presenter".

(1) A bank to which a documentary draft or demand for payment is presented under a credit may without dishonor of the draft, demand or credit

  • (a) defer honor until the close of the third banking day following receipt of the documents; and
  • (b) further defer honor if the presenter has expressly or impliedly consented thereto.

Failure to honor within the time here specified constitutes dishonor of the draft or demand and of the credit [except as otherwise provided in subsection (4) of Section 5-114 on conditional payment].

Note: The bracketed language in the last sentence of subsection (1) should be included only if the optional provisions of Section 5-114(4) and (5) are included.

(2) Upon dishonor the bank may unless otherwise instructed fulfill its duty to return the draft or demand and the documents by holding them at the disposal of the presenter and sending him an advice to that effect.

(3) "Presenter" means any person presenting a draft or demand for payment for honor under a credit even though that person is a confirming bank or other correspondent which is acting under an issuer's authorization.


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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.