Vermont § 108 - § 5—108.

Full text of Vermont Vermont Statutes Online § 108 — § 5—108., with citation guidance and answers to common questions.

§ 108. § 5—108.

  • Issuer’s rights and obligations (a) Except as otherwise provided in section 5—109 of this title, an issuer shall honor a presentation that, as determined by the standard practice
    referred to in subsection (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 5—113 of this title 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 subsection (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 subsection (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 subsection 5—109(a) of this title 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 subsection (e) of this section. (g) If an undertaking constituting a letter of credit under subdivision 5—102(a)(10) of this title 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 article: (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 3—414 and 3—415 of this title; (4) except as otherwise provided in sections 5—110 and 5—117 of this title, 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 which 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. (Added 1997, No. 65 (Adj. Sess.), § 1, eff. Jan. 1, 1999.)

Frequently Asked Questions About Vermont § 108

What does Vermont Statutes Online § 108 cover?

Section 108 ("§ 5—108.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 108?

A common citation format is "Vermont Statutes Online § 108" (Vermont). 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 Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 108 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.