Maryland Code § CL-5-108

Section CL-5-108
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(a) Except as otherwise provided in § 5-109 of this title, an issuer shall
honor a presentation that, as determined by the standard practice referred to in
subsection (e) of this section, appears on its face strictly to comply with the terms and
conditions of the letter of credit. Except as otherwise provided in § 5-113 of this title
and unless otherwise agreed with the applicant, an issuer shall dishonor a
presentation that does not appear so to comply.
(b) An issuer has a reasonable time after presentation, but not beyond the
end of the 7th business day of the issuer after the day of its receipt of documents:
(1) To honor;
(2) If the letter of credit provides for honor to be completed more than
7 business days after presentation, to accept a draft or incur a deferred obligation; or
(3) To give notice to the presenter of discrepancies in the
presentation.
(c) Except as otherwise provided in subsection (d) of this section, an issuer
is precluded from asserting as a basis for dishonor any discrepancy if timely notice is
not given, or any discrepancy not stated in the notice if timely notice is given.
(d) Failure to give the notice specified in subsection (b) of this section or to
mention fraud, forgery, or expiration in the notice does not preclude the issuer from

asserting as a basis for dishonor fraud or forgery as described in § 5-109(a) of this
title or expiration of the letter of credit before presentation.
(e) An issuer shall observe standard practice of financial institutions that
regularly issue letters of credit. Determination of the issuer's observance of the
standard practice is a matter of interpretation for the court. The court shall offer the
parties a reasonable opportunity to present evidence of the standard practice.
(f) An issuer is not responsible for:
(1) The performance or nonperformance of the underlying contract,
arrangement, or transaction;
(2) An act or omission of others; or
(3) Observance or knowledge of the usage of a particular trade other
than the standard practice referred to in subsection (e) of this section.
(g) If an undertaking constituting a letter of credit under § 5-102(a)(10) of
this title contains nondocumentary conditions, an issuer shall disregard the
nondocumentary conditions and treat them as if they were not stated.
(h) An issuer that has dishonored a presentation shall return the
documents or hold them at the disposal of, and send advice to that effect to, the
presenter.
(i) An issuer that has honored a presentation as permitted or required by
this article:
(1) Is entitled to be reimbursed by the applicant in immediately
available funds not later than the date of its payment of funds;
(2) Takes the documents free of claims of the beneficiary or
presenter;
(3) Is precluded from asserting a right of recourse on a draft under
§§ 3-414 and 3-415 of this article;
(4) Except as otherwise provided in §§ 5-110 and 5-117 of this title,
is precluded from restitution of money paid or other value given by mistake to the
extent the mistake concerns discrepancies in the documents or tender which are
apparent on the face of the presentation; and

(5) Is discharged to the extent of its performance under the letter of
credit unless the issuer honored a presentation in which a required signature of a
beneficiary was forged.

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