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Florida Statute 675.106 - Full Text and Legal Analysis
Florida Statute 675.106 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 675
UNIFORM COMMERCIAL CODE: LETTERS OF CREDIT
View Entire Chapter
675.106 Issuance, amendment, cancellation, and duration.
(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.s. 1, ch. 65-254; s. 615, ch. 97-102; s. 1, ch. 99-137.
Note.s. 5-106, U.C.C.

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Amendments to 675.106


Annotations, Discussions, Cases:

Cases Citing Statute 675.106

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Repub. Nat'l Bank of Miami, a Nat'l Banking Ass'n v. Fid. & Deposit Co. of Maryland, a Maryland Corp., 894 F.2d 1255 (11th Cir. 1990).

Cited 18 times | Published | Court of Appeals for the Eleventh Circuit | 10 U.C.C. Rep. Serv. 2d (West) 1330, 1990 U.S. App. LEXIS 2294, 1990 WL 6919

...With a valued customer, however, the bank may accept its customer's note to finance the purchase of the letter of credit. 5 After issuing the letter of credit, the bank delivers the letter to the customer. Upon its delivery, the credit becomes established with regard to the customer, see Fla.Stat. Sec. 675.106(1)(a) (1989), 3 and the bank no longer may modify or revoke the letter without the customer's consent, see id. Sec. 675.106(2). The customer then delivers the letter of credit to the beneficiary. At this point, the credit becomes established with regard to the beneficiary, see id. Sec. 675.106(1)(b), and the bank no longer may modify or revoke the letter without the beneficiary's consent, see id. Sec. 675.106(3)....
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Braun v. Intercontinental Bank, 466 So. 2d 1130 (Fla. 3d DCA 1985).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 735

...informed Intercontinental that he wished to cancel the letter of credit. Intercontinental correctly informed Braun that an irrevocable letter of credit could not be canceled or otherwise modified without the beneficiary's acquiesence or consent, see § 675.106(2), Fla....
...The irrevocable letter of credit was issued by Intercontinental for the benefit of Griferia. Although Intercontinental was on notice that Braun wished to cancel the letter of credit, this wish could not be carried out without the consent of Griferia. § 675.106(2), Fla....
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Sea Mgmt. Serv. v. Club Sea, 512 So. 2d 1025 (Fla. 3d DCA 1987).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2108

...dit without first obtaining SMS's consent, where SMS had complied with the terms of the letter of credit, which, inter alia, required SMS to present an affidavit asserting that the charter-party had not been terminated. See Braun, 466 So.2d at 1132; § 675.106, Fla....
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Cargill, Inc. v. Sunlight Foods, Inc., 586 So. 2d 366 (Fla. 3d DCA 1991).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 15 U.C.C. Rep. Serv. 2d (West) 208, 1991 Fla. App. LEXIS 5650, 1991 WL 104631

...between the bank and the beneficiary, Cargill. See Braun, 466 So.2d at 1132. In general, once the beneficiary receives an irrevocable letter of credit (or an authorized written notification of it), the letter of credit is irrevocably "established," § 675.106(1)(b), Fla. Stat. (1989), and may not be *368 revoked or modified without the beneficiary's consent. Id. § 675.106(2)....
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Lewis State Bank v. Advance Mortg. Corp., 362 So. 2d 406 (Fla. 1st DCA 1978).

Cited 4 times | Published | Florida 1st District Court of Appeal | 25 U.C.C. Rep. Serv. (West) 245, 1978 Fla. App. LEXIS 17204

...the Bank's agreement to extend it on August 9, 1973. The original letter, which had an expiration date of August 10, 1973, had to be presented for payment by that date or would have been rendered ineffective. 9 CJS Banks and Banking § 178c (1938). Section 675.106(2) (UCC § 5-106(2)) provides that "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......
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John Alden Life Ins. v. C.A. Cavendes, Sociedad Financiera, 591 F. Supp. 362 (S.D. Fla. 1984).

Cited 1 times | Published | District Court, S.D. Florida | 39 Fed. R. Serv. 2d 1112, 1984 U.S. Dist. LEXIS 15150

...performed, it still has the right to retain the letter of credit until its expiration on October 31, 1982 because, JALIC contends, the letter of credit is "irrevocable." 24. The letter of credit is by its terms irrevocable, and under Florida Statute § 675.106(2), it may not be modified or revoked unless JALIC consents either to modification or revocation....
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S. Marine Rsch., Inc. v. Nateman, 434 So. 2d 47 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20891

specifically modified by the customer pursuant to Section 675.106(2), Florida Statutes (1981), the trial court
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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

...Summers, Uniform Commercial Code, § 19.2 (3d ed. Supp. 1993) (citing U.C.C. § 5-114(1)). Once an irrevocable letter of credit has been established, the issuer's obligation may not, under U.C.C. Article 5-106(2) be extinguished without assent of the beneficiary. Id. at § 19-4; § 675.106(2), Fla....

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