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W. Va. Code § 46-5-106

Issuance, amendment, cancellation and duration

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 2 court decisions — leading case 210 W. Va. 44 - Leary v. McDowell County National Bank (2001)

Most recently applied in International Union of Operating Engineers, Local Union No. 132 Health & Welfare Fund v. L.A. Pipeline Construction Co. (May 2016)

(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.

(b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.

(c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, after the date on which it is issued.

(d) A letter of credit that states that it is perpetual expires five years after its stated date of issuance, or if none is stated, after the date on which it is issued.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.