47-5102. Definitions
A. In this chapter:
1. "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.
2. "Applicant" means a person at whose request or for whose account a letter of
credit is issued. Applicant includes a person who requests an issuer to issue a letter
of credit on behalf of another if the person making the request undertakes an obligation
to reimburse the issuer.
3. "Beneficiary" means a person who under the terms of a letter of credit is
entitled to have its complying presentation honored. Beneficiary includes a person to
whom drawing rights have been transferred under a transferable letter of credit.
4. "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.
5. "Dishonor" of a letter of credit means failure to timely honor or to take an
interim action, such as acceptance of a draft, that may be required by the letter of
credit.
6. "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:
(a) That is presented in a written or other medium permitted by the letter of
credit or, unless prohibited by the letter of credit, by the standard practice referred
to in section 47-5108, subsection E; and
(b) That is capable of being examined for compliance with the terms and conditions
of the letter of credit. A document may not be oral.
7. "Good faith" means honesty in fact in the conduct or transaction concerned.
8. "Honor" of a letter of credit means performance of the issuer's undertaking in
the letter of credit to pay or deliver an item of value. Unless the letter of credit
otherwise provides, "honor" occurs:
(a) Upon payment;
(b) If the letter of credit provides for acceptance, upon acceptance of a draft
and, at maturity, its payment; or
(c) If the letter of credit provides for incurring a deferred obligation, upon
incurring the obligation and, at maturity, its performance.
9. "Issuer" means a bank or any other person that issues a letter of credit but
does not include an individual who makes an engagement for personal, family or household
purposes.
10. "Letter of credit" means a definite undertaking that satisfies the requirements
of section 47-5104 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.
11. "Nominated person" means a person whom the issuer:
(a) Designates or authorizes to pay, accept, negotiate or otherwise give value
under a letter of credit; and
(b) Undertakes by agreement or custom and practice to reimburse.
12. "Presentation" means delivery of a document to an issuer or nominated person for
honor or giving of value under a letter of credit.
13. "Presenter" means a person making a presentation as or on behalf of a
beneficiary or nominated person.
14. "Record" means information that is inscribed on a tangible medium, or that is
stored in an electronic or other medium and is retrievable in perceivable form.
15. "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, and an administrator, executor,
personal representative, trustee in bankruptcy, debtor in possession, liquidator and
receiver.
B. Definitions in other chapters applying to this chapter and the sections in which
they appear are:
1. "Accept" or "acceptance". Section 47-3409.
2. "Value". Sections 47-3303 and 47-4211.
C. In addition, chapter 1 of this title contains certain additional general
definitions and principles of construction and interpretation applicable throughout this
chapter.
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