TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 4.

RIGHTS OF THIRD PARTIES

28-9-409.  Restrictions on assignment of letter of credit rights ineffective. (a) A term in a letter of credit or a rule of law, statute, rule, regulation, custom or practice applicable to the letter of credit which prohibits, restricts or requires the consent of an applicant, issuer or nominated person to a beneficiary’s assignment of or creation of a security interest in a letter of credit right is ineffective to the extent that the term or rule of law, statute, rule, regulation, custom or practice:

(1)  Would impair the creation, attachment or perfection of a security interest in the letter of credit right; or

(2)  Provides that the assignment or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter of credit right.

(b)  To the extent that a term in a letter of credit is ineffective under subsection (a) of this section but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter of credit right:

(1)  Is not enforceable against the applicant, issuer, nominated person or transferee beneficiary;

(2)  Imposes no duties or obligations on the applicant, issuer, nominated person or transferee beneficiary; and

(3)  Does not require the applicant, issuer, nominated person or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.

History:

[28-9-409, added 2001, ch. 208, sec. 2, p. 761.]