§ 675.116, Fla. Stat. · Chapter 675. UNIFORM COMMERCIAL CODE: LETTERS OF CREDIT
Choice of law and forum.
Text — 2026 Florida Statutes
(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).
Notes and commentary — not statutory text
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
Note.—s. 5-116, U.C.C.
Source of truth
- Edition
- 2026 Florida Statutes
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- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0675/0675.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- Fla. Stat. ch. 670UNIFORM COMMERCIAL CODE: FUNDS TRANSFERSPrinted as chapter 670
- Fla. Stat. ch. 673UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTSPrinted as chapter 673
- Fla. Stat. ch. 674UNIFORM COMMERCIAL CODE: BANK DEPOSITS AND COLLECTIONSPrinted as chapter 674
- § 675.102, Fla. Stat.Scope.Printed as s. 675.102(3)
Cited by 2 provisions
Provisions in this library whose text cites § 675.116, Fla. Stat.. Each shows the citation as that text prints it.
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