Issuing Bank, a foreign bank, maintains an account with First National Bank, a U.S. bank. Issuing Bank issues a letter of credit in favor of ABC, Inc., a U.S. corporation. The letter of credit contains a boycott provision. The letter of credit provides that any negotiating bank may obtain reimbursement from Issuing Bank's account at First National Bank by certifying that the conditions of the letter of credit have been met. Issuing Bank does not send First National Bank a copy of the letter of credit. May First National Bank reimburse negotiating banks for the letter of credit when it contains a boycott provision?
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A. B. C. D.A
The correct answer is B. No. First National Bank is under a duty to determine the underlying conditions of any letter of credit it pays.
Explanation:
A letter of credit is a commonly used financial instrument in international trade that provides assurance to the seller (beneficiary) that the buyer's (applicant's) payment obligation will be fulfilled by a bank (issuing bank) if the seller complies with the conditions specified in the letter of credit.
In this case, Issuing Bank, a foreign bank, maintains an account with First National Bank, a U.S. bank. Issuing Bank issues a letter of credit in favor of ABC, Inc., a U.S. corporation. The letter of credit contains a boycott provision. A boycott provision is a clause in a letter of credit that requires the beneficiary to confirm that it does not participate in a boycott of a particular country or entity.
The letter of credit provides that any negotiating bank may obtain reimbursement from Issuing Bank's account at First National Bank by certifying that the conditions of the letter of credit have been met.
However, Issuing Bank does not send First National Bank a copy of the letter of credit.
Under the Uniform Commercial Code (UCC) Article 5, which governs letters of credit in the United States, banks that handle letters of credit have a duty to examine the documents presented by the beneficiary to ensure that they comply with the terms and conditions of the letter of credit. This duty is known as the "independence principle" and is one of the fundamental principles of letter of credit law.
In this case, First National Bank has a duty to determine the underlying conditions of any letter of credit it pays. Even if First National Bank did not receive a copy of the letter of credit, it is still responsible for ensuring that the conditions of the letter of credit are met before reimbursing any negotiating bank. The boycott provision is one of the conditions of the letter of credit, and First National Bank should have discovered its existence before making any payments.
Therefore, answer B, "No. First National Bank is under a duty to determine the underlying conditions of any letter of credit it pays," is the correct answer.