Ohio Code § 1305.08

Ohio Code § 1305.08. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1305.08.

(A) If a presentation is made that appears on its face strictly to comply with the terms

and conditions of the letter of credit, but a required document is forged or materially

fraudulent, or honor of the presentation would facilitate a material fraud by the

beneficiary on the issuer or applicant: (1) The issuer shall honor the presentation, if honor is demanded by (a) a nominated

person who has given value in good faith and without notice of forgery or material

fraud, (b) a confirmer who has honored its confirmation in good faith, (c) a holder

in due course of a draft drawn under the letter of credit which was taken after acceptance

by the issuer or nominated person, or (d) an assignee of the issuer's or nominated

person's deferred obligation that was taken for value and without notice of forgery

or material fraud after the obligation was incurred by the issuer or nominated person;

 and (2) The issuer, acting in good faith, may honor or dishonor the presentation in any other

case. (B) If an applicant claims that a required document is forged or materially fraudulent

or that honor of the presentation would facilitate a material fraud by the beneficiary

on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently

enjoin the issuer from honoring a presentation or grant similar relief against the

issuer or other persons only if the court finds that: (1) The relief is not prohibited under the law applicable to an accepted draft or deferred

obligation incurred by the issuer; (2) A beneficiary, issuer, or nominated person who may be adversely affected is adequately

protected against loss that it may suffer because the relief is granted; (3) All of the conditions to entitle a person to the relief under the law of this state

have been met;  and (4) On the basis of the information submitted to the court, the applicant is more likely

than not to succeed under its claim of forgery or material fraud and the person demanding

honor does not qualify for protection under division (A)(1) of this section.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1305.08
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1305.08?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1305.08 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1305.08 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.