Nevada § 104.5109 - Fraud and forgery
Full text of Nevada Nevada Revised Statutes § 104.5109 — Fraud and forgery, with citation guidance and answers to common questions.
§ 104.5109. Fraud and forgery
1. If a presentation is made that appears on its face strictly to comply with the
terms and conditions of a letter of credit, but a required document is forged or materially
fraudulent, or honor of the presentation would facilitate a material fraud by the
beneficiary on the issuer or applicant: (a) The issuer shall honor the presentation, if honor is demanded by a nominated person
who has given value in good faith and without notice of forgery or material fraud,
a confirmer who has honored his or her confirmation in good faith, a holder in due
course of a draft drawn under the letter of credit which was taken after acceptance
by the issuer or nominated person, or an assignee of the issuer's or nominated person's
deferred obligation that was taken for value and without notice of forgery or material
fraud after the obligation was incurred by the issuer or nominated person; and (b) The issuer, acting in good faith, may honor or dishonor the presentation in any
other case. 2. If an applicant claims that a required document is forged or materially fraudulent
or that honor of the presentation would facilitate a material fraud by the beneficiary
on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently
enjoin the issuer from honoring the presentation or grant similar relief against the
issuer or other persons only if the court finds that: (a) The relief is not prohibited under the law applicable to an accepted draft or
deferred obligation incurred by the issuer; (b) A beneficiary, issuer or nominated person who may be adversely affected is adequately
protected against loss that it may suffer because the relief is granted; (c) All of the conditions to entitle a person to the relief under the law of this
State have been met; and (d) On the basis of the information submitted to the court, the applicant is more
likely than not to succeed under its claim of forgery or material fraud and the person
demanding honor does not qualify for protection under paragraph (a) of subsection
1.
Frequently Asked Questions About Nevada § 104.5109
What does Nevada Revised Statutes § 104.5109 cover?
Section 104.5109 ("Fraud and forgery") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 104.5109?
A common citation format is "Nevada Revised Statutes § 104.5109" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 104.5109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.