Automatic Extension LC Issues

The recent case of Illinois DNR v. Regions Bank illustrates the importance of clear wording of automatic extension clauses and issuing banks including a final expiration date in their standbys.

Automatic Extension LC Issues

Under Article 5 of the Uniform Commercial Code (UCC) in effect in all states of the United States, the statute of limitations or time to bring an action against an issuing bank for a wrongful dishonor of its letter of credit is normally one year from the later of the expiry date of the LC or the date of the wrongful dishonor.[[1]]

What happens if there is no expiration date stated in a standby LC and by its terms it continues to be outstanding or auto-extends for one-year periods until notice of non-extension is given prior to the then current extended expiration date?

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