Nevada Code § 104.5102

Definitions
Open in Lexace · Ask the AI about this section
1. In this article:
(a) Adviser means a person who, at the request
of the issuer, a confirmer or another adviser, notifies or requests another
adviser to notify the beneficiary that a letter of credit has been issued,
confirmed or amended.
(b) Applicant means a person at whose request
or for whose account a letter of credit is issued. The term includes a person
who requests an issuer to issue a letter of credit on behalf of another person
if the person making the request undertakes an obligation to reimburse the
issuer.
(c) Beneficiary means a person who, under the
terms of a letter of credit, is entitled to have its complying presentation
honored. The term includes a person to whom drawing rights have been
transferred under a transferable letter of credit.
(d) Confirmer means a nominated person who
undertakes, at the request or with the consent of the issuer, to honor a
presentation under a letter of credit issued by another person.
(e) Dishonor of a letter of credit means
failure to honor or to take an interim action in a timely manner, such as
acceptance of a draft, that may be required by the letter of credit.
(f) Document means a draft or other demand,
document of title, investment security, certificate, invoice or other record,
statement or representation of fact, law, right or opinion which is presented
in a written or other medium permitted by a letter of credit or, unless
prohibited by the letter of credit, by the standard practice referred to in
subsection 5 of NRS 104.5108 , and which
is capable of being examined for compliance with the terms and conditions of
the letter of credit. A document may not be oral.
(g) Good faith means honesty in fact in the
conduct or transaction concerned.
(h) Honor of a letter of credit means
performance of the issuers undertaking in the letter of credit to pay or
deliver an item of value. Unless the letter of credit otherwise provides,
honor occurs:
(1) Upon payment;
(2) If the letter of credit provides for
acceptance, upon acceptance of a draft and, at maturity, its payment; or
(3) If the letter of credit provides for
incurring a deferred obligation, upon incurring the obligation and, at
maturity, its performance.
(i) Issuer means a bank or other person that
issues a letter of credit. The term does not include a natural person who makes
an engagement for personal, family or household purposes.
(j) Letter of credit means a definite
undertaking that satisfies the requirements of NRS 104.5104 by an issuer to a beneficiary
at the request or for the account of an applicant or, in the case of a
financial institution, to itself or for its own account, to honor a documentary
presentation by payment or delivery of an item of value.
(k) Nominated person means a person whom the
issuer designates or authorizes to pay, accept, negotiate or otherwise give
value under a letter of credit and undertakes by agreement or custom and
practice to reimburse.
(l) Presentation means delivery of a document
to an issuer or nominated person for honor or giving of value under a letter of
credit.
(m) Presenter means a person making a
presentation as or on behalf of a beneficiary or nominated person.
(n) Record means information which is inscribed
on a tangible medium, or which is stored in an electronic or other medium and
is retrievable in perceivable form.
(o) Successor of a beneficiary means a person
who succeeds to substantially all of the rights of a beneficiary by operation
of law, including a corporation with or into which the beneficiary has been
merged or consolidated, an administrator, executor, personal representative,
trustee in bankruptcy, debtor in possession, liquidator and receiver.
2. Definitions in other articles applying
to this article and the sections in which they appear are:
Accept or acceptance. NRS 104.3409 .
Value. NRS 104.3303 and 104.4211 .
3. Article 1 contains general definitions
and principles of construction and interpretation applicable throughout this
article.

‹ Prev All Nevada 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.