TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 5

UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT

28-5-120.  Security interest of issuer or nominated person. (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.

(b)  So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a) of this section, the security interest continues and is subject to chapter 9, title 28, Idaho Code, but:

(1)  A security agreement is not necessary to make the security interest enforceable under section 28-9-203(b)(3), Idaho Code;

(2)  If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and

(3)  If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document. This act applies to a letter of credit that is issued on or after the effective date of this act. This act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before the effective date of this act.

History:

[28-5-120, added 2001, ch. 208, sec. 11, p. 810; am. 2014, ch. 97, sec. 9, p. 272.]