§ 961.1 - Definitions.  


Latest version.
  • As used in this part:

    Applicant means a person or entity at whose request or for whose account a standby letter of credit is issued.

    Beneficiary means a person or entity who, under the terms of a standby letter of credit, is entitled to have its complying presentation honored.

    Confirm means to undertake, at the request or with the consent of the issuer, to honor a presentation under a standby letter of credit issued by a member or housing associate.

    Document means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion that is presented under the terms of a standby letter of credit.

    Issuer means a person or entity that issues a standby letter of credit.

    Presentation means delivery of a document to an issuer, or an entity that has undertaken a confirmation at the request or with the consent of the issuer, for the giving of value under a standby letter of credit.

    Residential housing finance means:

    (1) The purchase or funding of “residential housing finance assets,” as that term is defined in § 950.1 of this chapter; or

    (2) Other activities that support the development or construction of residential housing.

    SHFA associate means a housing associate that is a “state housing finance agency,” as that term is defined in § 926.1 of this chapter, and that has met the requirements of § 926.3(b) of this chapter.

    Standby letter of credit means a definite undertaking by an issuer on behalf of an applicant that represents an obligation to the beneficiary, pursuant to a complying presentation: to repay money borrowed by, advanced to, or for the account of the applicant; to make payment on account of any indebtedness undertaken by the applicant; or to make payment on account of any default by the applicant in the performance of an obligation. The term standby letter of credit does not include a commercial letter of credit, or any short-term self-liquidating instrument used to finance the movement of goods.