Ohio § 1305.07
Full text of Ohio Ohio Revised Code § 1305.07, with citation guidance and answers to common questions.
§ 1305.07.
(A) Except as otherwise provided in section 1305.08 of the Revised Code , an issuer shall honor a presentation that, as determined by the standard practice
referred to in division (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 section 1305.12 of the Revised Code 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
seventh 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 seven 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 division (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 division (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 division (A) of section 1305.08 of the Revised Code 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 division (E) of this section. (G) If an undertaking constituting a letter of credit under division (A)(10) of section 1305.01 of the Revised Code 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 chapter: (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 sections 1303.54 and 1303.55 of the Revised Code ; (4) Except as otherwise provided in sections 1305.09 and 1305.16 of the Revised Code , 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 that 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.
Frequently Asked Questions About Ohio § 1305.07
What does Ohio Revised Code § 1305.07 cover?
Section 1305.07 is part of the Ohio Revised Code, the codified statutory law of Ohio. 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 Ohio § 1305.07?
A common citation format is "Ohio Revised Code § 1305.07" (Ohio). 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 Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1305.07 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio 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 Ohio.