Iowa Code 554.5102 – Definitions
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Terms Used In Iowa Code 554.5102
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Trustee: A person or institution holding and administering property in trust.
- undertaking: means a promise or security in any form. See Iowa Code 4.1
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
554.5102 Definitions.
1. In this Article unless the context otherwise requires:
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 § 554.5108, subsection 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, at maturity, its payment, or
(3) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance.
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 section
554.5104 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. Definitions in other Articles applying to this Article and the sections in which they appear are:
a. “”Accept”” or “”Acceptance”” …………….. § 554.3409
b. “”Value””……………………………………….. Sections 554.3303, 554.4211
1. In this Article unless the context otherwise requires:
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 § 554.5108, subsection 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, at maturity, its payment, or
(3) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance.
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 section
554.5104 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. Definitions in other Articles applying to this Article and the sections in which they appear are:
a. “”Accept”” or “”Acceptance”” …………….. § 554.3409
b. “”Value””……………………………………….. Sections 554.3303, 554.4211
§554.5102, UNIFORM COMMERCIAL CODE 2
3. Article 1 contains certain additional general definitions and principles of construction and interpretation applicable throughout this Article.
[C66, 71, 73, 75, 77, 79, 81, §554.5102]
96 Acts, ch 1026, §1, 28; 2012 Acts, ch 1023, §157; 2013 Acts, ch 30, §261
Referred to in §554.5103, 554.5108, 554.9102