Sec. 45.05.102. Definitions.

678 words·~3 min read·/ak/title-45/chapter-5/45-05-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 the letter of credit's 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 the 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;

(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 that is

(A)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 AS 45.05.108 (e);

(B)capable of being examined for compliance with the terms and conditions of the letter of credit; and

(C)not 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 provides otherwise, “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 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 AS 45.05.104 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;

(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, an administrator, an executor, a personal representative, a trustee in bankruptcy, a debtor in possession, a liquidator, and a receiver.

(b)The following definitions that apply to this chapter and the sections in which they appear are

(1)“accept” or “acceptance” ( AS 45.03.409 );

(2)“value” ( AS 45.03.303 and AS 45.04.211 ).

(c)AS 45.01 contains certain additional general definitions and principles of construction and interpretation applicable throughout this chapter.