Arkansas Code Annotated
Ark. Code Ann. § 4-5-104 (2026)
Formal requirements
✓ current as of May 2026
A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in § 4-5-108(e).
History. Acts 1997, No. 1070, § 1.
Case Notes
Modifications.
In the absence of the issuing bank's signature approving a renewal permit and authorizing coverage of the obligations it established, no forfeiture may occur based on customer's failure to meet those obligations. In re Sugarloaf Mining Co., 310 Ark. 772, 840 S.W.2d 172 (1992) (decision under prior law).
Notes of Decisions
Cited in 2
cases, 1992–1998 · leading case: Sugarloaf Mining Co. v. Arkansas Dep't of Pollution Control & Ecology, 840 S.W.2d 172 (Ark. 1992).
Sugarloaf Mining Co. v. Arkansas Dep't of Pollution Control & Ecology, 840 S.W.2d 172 (Ark. 1992). “" Section 4-5-106(2) specifies two of the parties, the account party and the beneficiary, must consent to any modification, and § 4-5-104 requires not just that the credit be a signed writing but that the confirmation and amendments be signed by the issuer as well.”
Home Mut. Fire Ins. v. Jones, 969 S.W.2d 675 (Ark. Ct. App. 1998). “A letter of credit means a definite undertaking that satisfies the requirements of Arkansas Code Annotated § 4-5-104 (Supp. 1997) 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…”
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