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Florida Statute 675.116 - Full Text and Legal Analysis
Florida Statute 675.116 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 675
UNIFORM COMMERCIAL CODE: LETTERS OF CREDIT
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675.116 Choice of law and forum.
(1) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed by the affected parties or by a provision in the person’s letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.
(2) Unless subsection (1) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person’s undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person’s undertaking was issued.
(a) For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under paragraph (b).
(b) A bank branch is considered to be located at the address indicated in the branch’s undertaking. If more than one address is indicated, the branch is considered to be located at the address from which the undertaking was issued.
(c) Except as otherwise provided in this paragraph, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If this chapter governs the liability of an issuer, nominated person, or adviser under subsection (1) or this subsection, the relevant undertaking incorporates rules of custom or practice, and there is conflict between this chapter and such rules as applied to that undertaking, such rules govern except to the extent of any conflict with the nonvariable provisions specified in s. 675.102(3).
(3) This chapter governs to the extent of any conflict between this chapter and chapter 670, chapter 673, chapter 674, or chapter 679.
(4) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (1).
History.s. 1, ch. 65-254; s. 5, ch. 79-398; s. 620, ch. 97-102; s. 1, ch. 99-137; s. 56, ch. 2025-92.
Note.s. 5-116, U.C.C.

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Amendments to 675.116


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Cases Citing Statute 675.116

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Citizens & Peoples Nat. Bank v. Futch, 650 So. 2d 1008 (Fla. 1st DCA 1995).

Published | Florida 1st District Court of Appeal | 1994 WL 101093

...Article 5-106(2) be extinguished without assent of the beneficiary. Id. at § 19-4; § 675.106(2), Fla. Stat. (1991); Sea Management Service, Ltd. v. Club Sea, Inc., 512 So.2d 1025 (Fla. 3d DCA 1987); Braun v. Intercontinental Bank, 466 So.2d 1130 (Fla. 3d DCA 1985). Under Section 675.116(1), Florida Statutes, the right to draw under a letter of credit can be transferred or assigned only when the credit is expressly designated as transferrable or assignable. However, even where a letter of credit is not transferrable or not assignable, the beneficiary may, before performance of the conditions of the credit, assign his rights to proceeds. § 675.116(2), Fla....
...held by it (aside from returning the unused portion to Futch), is to forward the proceeds to Head or Head's trustee in bankruptcy upon presentment of a properly drawn draft. Head's assignment of proceeds, however, complicates the analysis somewhat. Section 675.116(2), Florida Statutes, states that even where a letter of credit is not assignable, the beneficiary of a letter of credit may assign the proceeds of the credit as collateral security for a loan....

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