Consideration

NMSA 1978, § 55-5-105 — under Article 5.

NMSA 1978, § 55-5-105

Consideration is not required to issue, amend, transfer or cancel a letter of credit, advice or confirmation. History: 1978 Comp., § 55-5-105, enacted by Laws 1997, ch. 75, § 7. OFFICIAL COMMENTS UCC Official Comments © by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved. It is not to be expected that any issuer will issue its letter of credit without some form of remuneration. But it is not expected that the beneficiary will know what the issuer's remuneration was or whether in fact there was any identifiable remuneration in a given case. And it might be difficult for the beneficiary to prove the issuer's remuneration. This section dispenses with this proof and is consistent with the position of Lord Mansfield in Pillans v. Van Mierop, 97 Eng.Rep. 1035 (K.B. 1765) in making consideration irrelevant.