Section 6526 Of Article 1. General Powers From California Financial Code >> Division 2. >> Chapter 4. >> Article 1.
6526
. An association may issue commercial and standby letters of
credit in conformance with the Uniform Commercial Code or the Uniform
Customs and Practice for Documentary Credits Act and may pledge
collateral to secure its obligations thereunder. Except as otherwise
provided by regulations of the commissioner, such issuance shall be
subject to the following requirements:
(a) Each letter of credit must conspicuously state that it is a
letter of credit.
(b) The issuer's undertaking must contain a specified expiration
date or be for a definite term, and must be limited in amount.
(c) The issuer's obligation to pay must be solely dependent upon
the presentation of conforming documents as specified in the letter
of credit, and not upon the factual performance or non-performance by
the parties to the underlying transaction.
(d) The account party must have an unqualified obligation to
reimburse the issuer for payments made under the letter of credit.
To the extent funds are advanced under a letter of credit without
compensation from the account party, the amount shall be treated as
an extension of credit subject to percentage of assets limits and
other requirements under an applicable provision of this division.