Tex. Bus. & Com. Code § 5.109 · Chapter 5. LETTERS OF CREDIT
FRAUD AND FORGERY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:
(1) the issuer shall honor the presentation if honor is demanded by:
(A) a nominated person who has given value in good faith and without notice of forgery or material fraud;
(B) a confirmer who has honored its confirmation in good faith;
(C) a holder in due course of a draft drawn under the letter of credit that was taken after acceptance by the issuer or nominated person; or
(D) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and
(2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case.
(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:
(1) the relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;
(2) a beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;
(3) all of the conditions to entitle a person to the relief under the law of this state have been met; and
(4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under Subsection (a)(1).
Notes and commentary — not statutory text
History
Amended by Acts 1999, 76th Leg., ch. 4, Sec. 1, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.5.htm
- Text hash
- sha256 f3da1277b2c95c41e6d2ff10e38db4f038dd741598e93c501e2a92c2106b5dd0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 5.109. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2.512PAYMENT BY BUYER BEFORE INSPECTION.Printed as Section 5.109(b)
- Tex. Bus. & Com. Code § 5.108ISSUER'S RIGHTS AND OBLIGATIONS.Printed as Section 5.109 | Section 5.109(a)
- Tex. Bus. & Com. Code § 5.110WARRANTIES.Printed as Section 5.109(a)
- Tex. Bus. & Com. Code § 5.113TRANSFER BY OPERATION OF LAW.Printed as Section 5.109
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.