Maine Code § 11-5-1107

Confirmer, nominated person and adviser
Open in Lexace · Ask the AI about this section
(1). 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.
[PL 1997, c. 429, Pt. A, §2 (NEW); PL 1997, c. 429, Pt. A, §4 (AFF).]
(2). A nominated person who is not a confirmer is not obligated to honor or otherwise give value
for a presentation.
[PL 1997, c. 429, Pt. A, §2 (NEW); PL 1997, c. 429, Pt. A, §4 (AFF).]
(3). 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.
[PL 1997, c. 429, Pt. A, §2 (NEW); PL 1997, c. 429, Pt. A, §4 (AFF).]

(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 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.
[PL 1997, c. 429, Pt. A, §2 (NEW); PL 1997, c. 429, Pt. A, §4 (AFF).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.