16 chapters · 675 sections in this title.
SDCL § 57A-4A-406 Payment by originator to beneficiary--Discharge of underlying obligation
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(a) Subject to §§ 57A-4A-211(e), 57A-4A-405(d), and 57A-4A-405(e), the originator of a funds transfer pays the beneficiary of the originator's payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds trans…
SDCL § 57A-4A-501 Variation by agreement and effect of funds - transfer system rule
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(a) Except as otherwise provided in this chapter, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party. (b) "Funds - transfer system rule" means a rule of an association of banks (i) governing transmission of payment orders by…
SDCL § 57A-4A-502 Creditor process served on receiving bank--Setoff by beneficiary's bank
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(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of a lien, sequestration or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (b) This subsection applies to creditor process with respect …
SDCL § 57A-4A-503 Injunction or restraining order with respect to funds transfer
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For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds …
SDCL § 57A-4A-504 Order in which items and payment orders may be charged to account--Order of withdrawals from account
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(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence. (b) In d…
SDCL § 57A-4A-505 Preclusion of objection to debit of customer's account
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If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that…
SDCL § 57A-4A-506 Rate of interest
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(a) If, under this chapter, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds - transfer system rule if the payment order is tr…
Choice of law
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(a) The following rules apply unless the affected parties otherwise agree or subsection (c) applies: (1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located. (2)…
"Value"
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§§ 57A-3-303 and
(c) Chapter 57A-1 contains certain additional general definitions and principles of construction and interpretation applicable throughout this chapter
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Source: SL 1998, ch 283 , § 1.
SDCL § 57A-5-101 Short title
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This chapter may be cited as Uniform Commercial Code--Letters of Credit. Source: SL 1998, ch 283 , § 1.
SDCL § 57A-5-103 Scope
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(a) This chapter applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (b) The statement of a rule in this chapter does not by itself require, imply, or negate application of the same or a different rule to a s…
SDCL § 57A-5-104 Formal requirements
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A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a signed record. Source: SL 1998, ch 283 , § 1; SL 2024, ch 198 , § 34.
SDCL § 57A-5-105 Consideration
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Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation. Source: SL 1998, ch 283 , § 1.
SDCL § 57A-5-106 Issuance, amendment, cancellation, and duration
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(a) 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. (b) After a letter o…
SDCL § 57A-5-107 Confirmer, nominated person, and adviser
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(a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the l…
SDCL § 57A-5-108 Issuer's rights and obligations
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(a) Except as otherwise provided in § 57A-5-109 , an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e), appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise pro…
SDCL § 57A-5-109 Reserved 57A-5-110 Warranties
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57A-5-111 Remedies. 57A-5-112 Transfer of letter of credit. 57A-5-113 Transfer by operation of law. 57A-5-114 Assignment of proceeds. 57A-5-115 Statute of limitations. 57A-5-116 Choice of law and forum. 57A-5-117 Subrogation of issuer, applicant, and nominated person. 57A-5-118 I…
SDCL § 57A-5-110 Warranties
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(a) If its presentation is honored, the beneficiary warrants: (1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 57A-5-109(a); and (2) To the applicant that the drawing does not violate …
SDCL § 57A-5-111 Remedies
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(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or…
SDCL § 57A-5-112 Transfer of letter of credit
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(a) Except as otherwise provided in § 57A-5-113 , unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (b) Even if a letter of credit provides that it is tra…
SDCL § 57A-5-113 Transfer by operation of law
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(a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor. (b) A successor of a beneficiary may consent to amendments, sign and pr…
SDCL § 57A-5-115 Statute of limitations
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An action to enforce a right or obligation arising under this chapter must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occu…
SDCL § 57A-5-117 Subrogation of issuer, applicant, and nominated person
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(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were th…
(c) In addition, chapter 57A-1 contains general definitions and principles of construction and interpretation applicable throughout this chapter
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Source: SL 2009, ch 254 , § 7-102; SL 2024, ch 198 , § 36.
SDCL § 57A-7-101 Short title
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This chapter may be cited as Uniform Commercial Code-Documents of Title. Source: SL 2009, ch 254 , § 7-101.
Definitions and index of definitions
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(a) In this chapter, unless the context otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. (2) "Carrier" means a person that issues a bill of ladin…
SDCL § 57A-7-103 Relation of chapter to treaty or statute
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(a) This chapter is subject to any treaty or statute of the United States or a regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable. (b) This chapter does not repeal or modify any law prescribing the form or contents of a documen…
SDCL § 57A-7-104 Negotiable and nonnegotiable document of title
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(a) A document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person. (b) A document of title other than one described in subsection (a) is nonnegotiable. A bill of lading that states that the goods are consigned to a nam…
SDCL § 57A-7-105 Reissuance in alternative medium
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(a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if: (1) The person entitled under the electronic document surrenders control of th…
SDCL § 57A-7-201 Person that may issue a warehouse receipt--Storage under bond
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(a) A warehouse receipt may be issued by any warehouse. (b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt …
SDCL § 57A-7-202 Form of warehouse receipt--Effect of omission
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(a) A warehouse receipt need not be in any particular form. (b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1) The location of the warehouse facility where the goods are stored; (2…
SDCL § 57A-7-203 Liability for nonreceipt or misdescription
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A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent tha…
SDCL § 57A-7-204 Duty of care--Contractual limitation of warehouse's liability
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(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. However, unless otherwise agreed, the warehouse is not liable for …
SDCL § 57A-7-205 Title under warehouse receipt defeated in certain cases
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A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated. Sou…
SDCL § 57A-7-206 Termination of storage at warehouse's option
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(a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by th…
SDCL § 57A-7-207 Goods to be kept separate--Fungible goods
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(a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled. (b) If different lots of fu…
SDCL § 57A-7-208 Altered warehouse receipts
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If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic ware…
SDCL § 57A-7-209 Lien of warehouse
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(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, pre…
SDCL § 57A-7-210 Enforcement of warehouse's lien
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(a) Except as otherwise provided in subsection (b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in…
SDCL § 57A-7-301 Liability for nonreceipt or misdescription--"Said to contain"--"Shipper's weight, load, and count"--Improper handling
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(a) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages ca…
SDCL § 57A-7-302 Through bills of lading and similar documents of title
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(a) The issuer of a through bill of lading or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier is liable to any person entitled to recover on the document for any breach by the other person or the …
SDCL § 57A-7-303 Diversion--Reconsignment--Change of instructions
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(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1) The holder of a negotiable bill; (2)…
SDCL § 57A-7-304 Tangible bills of lading in a set
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(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading is lawfully issued in a set of parts, each of which co…
SDCL § 57A-7-305 Destination bills
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(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request. (b) Upon request of any person entitled as against a ca…
SDCL § 57A-7-306 Altered bills of lading
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An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. Source: SL 2009, ch 254 , § 7-306.
SDCL § 57A-7-307 Lien of carrier
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(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for …
SDCL § 57A-7-308 Enforcement of carrier's lien
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(a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include…
SDCL § 57A-7-309 Duty of care--Contractual limitation of carrier's liability
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(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or ru…
SDCL § 57A-7-401 Irregularities in issue of receipt or bill or conduct of issuer
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The obligations imposed by this chapter on an issuer apply to a document of title even if: (1) The document does not comply with the requirements of this chapter or of any other statute, rule, or regulation regarding its issue, form, or content; (2) The issuer violated laws regul…