UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.5106 Credit; issuance; enforcement; revocation; expiration.
Sec. 5106.
(1) 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.
(2) 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.
(3) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires 1 year after its stated date of issuance or, if none is stated, after the date on which it is issued.
(4) A letter of credit that states that it is perpetual expires 5 years after its stated date of issuance, or if none is stated, after the date on which it is issued.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1998, Act 488, Imd. Eff. Jan. 4, 1999
Notes of Decisions
City Nat'l Bank of Detroit v. Westland Towers Apts., 309 N.W.2d 209 (Mich. Ct. App. 1981).
· cites it 6× “MCL 440.5106(2); MSA 19.5106(2) provides: "Unless otherwise agreed once an irrevocable credit is established as regards the customer it can be modified or revoked only with the consent of the customer and once it is established as regards the beneficiary it can be modified or…”
Erman v. Armco, Inc. (In Re Formed Tubes, Inc.), 46 B.R. 645 (Bankr. E.D. Mich. 1985).
· cites it 2× “Mich.Comp.Laws § 440.5106(2) (1979). 2 . The trustee does not challenge the validity of the letters of credit or the lien of the bank, which was granted in consideration of their issuance.”
Infinity Acquisitions LLC v. Sardinia Inc (Mich. Ct. App. 2024).
“See MCL 440.5106(1). It must also be authenticated with a signature, by the parties’ agreement, or the issuing institution’s standard practices.”
— Mich. Comp. Laws § 440.5106(1) — 1 case
Infinity Acquisitions LLC v. Sardinia Inc (Mich. Ct. App. 2024).
“See MCL 440.5106(1). It must also be authenticated with a signature, by the parties’ agreement, or the issuing institution’s standard practices.”
— Mich. Comp. Laws § 440.5106(2) — 3 cases
City Nat'l Bank of Detroit v. Westland Towers Apts., 309 N.W.2d 209 (Mich. Ct. App. 1981).
“MCL 440.5106(2); MSA 19.5106(2) provides: "Unless otherwise agreed once an irrevocable credit is established as regards the customer it can be modified or revoked only with the consent of the customer and once it is established as regards the beneficiary it can be modified or…”
Erman v. Armco, Inc. (In Re Formed Tubes, Inc.), 46 B.R. 645 (Bankr. E.D. Mich. 1985).
“Mich.Comp.Laws § 440.5106(2) (1979). 2 . The trustee does not challenge the validity of the letters of credit or the lien of the bank, which was granted in consideration of their issuance.”
— Mich. Comp. Laws § 440.5106(3) — 1 case
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