West Virginia Code § 46-5-107

Confirmer, nominated person and adviser
Open in Lexace · Ask the AI about this section
(a) 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.
(b) A nominated person who is not a confirmer is not obligated to honor or otherwise give
value for a presentation.
(c) A person requested to advise may decline to act as an adviseru. 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.
(d) A person who notifies a transferee beneficsiary of the terms of a letter of credit,
confirmation, amendment, or advice has the rights and obligations of an adviser under
subsection (c). The terms in the notice to tihe transferee beneficiary may differ from the
terms in any notice to the transferorg beneficiary to the extent permitted by the letter of
credit, confirmation, amendment, or advice received by the person who so notifies.

‹ Prev All West Virginia 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.