Byrne, James 　著

内容

目次

Part 1. Scope, Rules, Laws, and Definitions -Independent Undertakings -mandatory and Variable Provisions of Rules and Statutes -Rules of Practice -Formal Requirements -Ultra Vires -Definitions -Limitations, Prescriptions, and Duration -Choice of Law and Forum -Jurisdiction -Regulatory Oversight Part 2. Obligations and Responsibilities -Issuance -Cancellation -Amendment -Expiration and Extension; Return of Original -Issuers and Their Obligations -Silent Confirmation -Confirmation and Confirmers -Nominated Persons -Advice -Applicants for Letters of Credit -Collecting Banks Part 3. Presentation of Documents -Counter-Guarantees and Counter-Standbys -What is a Presentation -Where, to Whom, and How -Timely; Expiration -Partial Drawings and Multiple Presentations -Extend or Pay -Notice of Receipt -Original LC and Amendments -Cure Part 4. Examination and Compliance of Documents -Closure on the Expiry Date -Standard of Compliance -Extraneous Documents and Data -Language of Documents -Signature and Formalities -Applicant Approval -Nondocumentary Conditions -Originals -Documents Addressed in Rules of Practice Part 5. Notice of Refusal -Documents not Addressed in Rules of Practice -Explain Timing -Contents of Notice -Control of Presented Documents -Preclusion -Waiver of Discrepancies Part 6. Letter of Credit Fraud and Court Orders -Expiry, Fraud, or Forgery Discrepancies -Letter of Credit Fraud -Issuer Discretion to Honor -Court Orders Part 7. Transfer of Drawing Rights, Assignment of Proceeds, Transfer by Operation of Law, Alternatives, and Security Interests in LCS -Commercial Fraud Involving letters of Credit -Criminal Fraud Involving Letters of Credit -Protected Persons -Transfer of Drawing Rights -Assignment of Proceeds -Transfer by Operation of Law -Back-to-Back Credits Part 8. The Applicant’s Obligation to Reimburse -Red and Green Clauses -Security Interests in letters of Credit -Not Available as a Defense -Reimbursement Rights of Nominated Bank -Issuer’s Right to Reimbursement -Effect of Waiver of Discrepancies on Reimbursement Obligation Part 9. Damages and Remedies -Effect of Amendment on Suretyship or Guarantee of Applicant’s Obligation -Beneficiary Fraud or Abuse as a Reference to the Applicant’s or Guarantor’s Obligation to Reimburse -Anticipatory Repudiation -Wrongful Dishonor and Beneficiary Remedies -Specific performance -Wrongful Honor and Applicant Remedies -Actions Against Nominated Persons and Confirming Bank -Reimbursement Part 10. Posthonor Remedies -Other Damages -Liquidated Damages -Warranties -Subrogation -Set Off Explained -Actions between Applicant and Beneficiary