Title 11, Chapter 5, Section 116
( 11-5-116)
Transfer and assignment. (1) The right to draw under a credit can be transferred or assigned
only when the credit is expressly designated as transferable or
assignable. (2) Even though the credit specifically states that it is
nontransferable or nonassignable the beneficiary may before
performance of the conditions of the credit assign his right to
proceeds. Such an assignment is an assignment of an account under
Article 9 of this title on secured transactions and is governed by
that article except that: (a) The assignment is ineffective until the letter of credit or
advice of credit is delivered to the assignee which delivery
constitutes perfection of the security interest under Article 9 of
this title; and (b) The issuer may honor drafts or demands for payment drawn under
the credit until it receives a notification of the assignment
signed by the beneficiary which reasonably identifies the credit
involved in the assignment and contains a request to pay the
assignee; and (c) After what reasonably appears to be such a notification has
been received the issuer may without dishonor refuse to accept or
pay even to a person otherwise entitled to honor until the letter
of credit or advice of credit is exhibited to the issuer. (3) Except where the beneficiary has effectively assigned his right
to draw or his right to proceeds, nothing in this Code section
limits his right to transfer or negotiate drafts or demands drawn
under the credit. |