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Florida Statute 675.103 | Lawyer Caselaw & Research
F.S. 675.103 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 675.103

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 675
UNIFORM COMMERCIAL CODE: LETTERS OF CREDIT
View Entire Chapter
F.S. 675.103
675.103 Definitions.
(1) For purposes of this chapter:
(a) “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.
(b) “Applicant” means a person at whose request or for whose account a letter of credit is issued. The term 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.
(c) “Beneficiary” means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit.
(d) “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.
(e) “Dishonor” of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit.
(f) “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 which 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 s. 675.108(5) and which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral.
(g) “Good faith” means honesty in fact in the conduct or transaction concerned.
(h) “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:
1. Upon payment;
2. If the letter of credit provides for acceptance, upon acceptance of a draft and paying the draft at maturity; or
3. If the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and performing the obligation at maturity.
(i) “Issuer” means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes.
(j) “Letter of credit” means a definite undertaking that satisfies the requirements of s. 675.104 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.
(k) “Nominated person” means a person whom the issuer designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and undertakes by agreement or custom and practice to reimburse.
(l) “Presentation” means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit.
(m) “Presenter” means a person making a presentation as or on behalf of a beneficiary or nominated person.
(n) “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.
(o) “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, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.
(2) The following definitions and the sections in which they appear in other chapters apply to this chapter:

“Acceptance,” s. 673.4091.

“Value,” ss. 673.3031 and 674.2111.

(3) The provisions of part II of chapter 671 apply to this chapter.
History.s. 1, ch. 65-254; s. 49, ch. 92-82; s. 1, ch. 99-137.
Note.s. 5-103, U.C.C.; supersedes s. 676.06.

F.S. 675.103 on Google Scholar

F.S. 675.103 on Casetext

Amendments to 675.103


Arrestable Offenses / Crimes under Fla. Stat. 675.103
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 675.103.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPENDABLE COMPONENT SUPPLY, INC. v. CARREFOUR INFORMATIQUE TREMBLANT, INC. LLC, LC. d. b. a., 572 F. App'x 796 (11th Cir. 2014)

. . . . § 675.103(3). . See also 2002 Irrevocable Trust for Richard C. Hvizdak v. Shenzhen Dev. . . .

DAIWA PRODUCTS, INC. v. NATIONSBANK, N. A., 885 So. 2d 884 (Fla. Dist. Ct. App. 2004)

. . . .” § 675.103(l)(e), Fla. Stat. (1997). . . . Daiwa was the “customer,” the “buyer ... who eause[d] an issuer to issue” a letter of credit. § 675.103 . . . Nations-Bank was the “issuer” that issued the letter of credit. § 675.103(l)(c). . . . .” § 675.103(l)(d). . . . The definitions section of Article 5, section 675.103(l)(a), Florida Statutes (1997), treats "credit' . . .

JIM MACON BUILDING CONTRACTORS, INC. v. LAKE COUNTY,, 763 So. 2d 1223 (Fla. Dist. Ct. App. 2000)

. . . Practice for Documentary Credits, art. 2 (1983) [hereinafter Uniform Customs and Practice ]; see also §§ 675.103 . . . Intercontinental Bank, 466 So.2d 1130 (Fla. 3d DCA 1985); see also §§ 675.103(1)(a), 675.109, Fla. . . . This definition is taken from section 675.103(l)(a), Florida Statutes (1993). . . .

BANCO DO BRASIL, S. A. v. CITY NATIONAL BANK OF MIAMI,, 609 So. 2d 689 (Fla. Dist. Ct. App. 1992)

. . . . § 675.103(l)(b), Fla.Stat. . . .

AMERICAN NATIONAL BANK, v. CASHMAN BROTHERS MARINE CONTRACTING,, 550 So. 2d 98 (Fla. Dist. Ct. App. 1989)

. . . .” § 675.103(l)(a), Florida Statutes (1987); UCC, § 5-103(l)(a). . . .

DATA GENERAL CORP. INC. v. CITIZENS NATIONAL BANK OF FAIRFIELD, 502 F. Supp. 776 (D. Conn. 1980)

. . . . § 675.103 (1977) (U.C.C. § 5-103) requires a letter of credit to state whether it is revocable or irrevocable . . .

LEWIS STATE BANK, v. ADVANCE MORTGAGE CORPORATION, a, 362 So. 2d 406 (Fla. Dist. Ct. App. 1978)

. . . Section 675.103, Fla.Stat. (1977) (UCC § 5 — 103), requires that a letter of credit clearly state whether . . .