Title 11, Chapter 9, Section 406
( 11-9-406)
Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective. (a) Discharge of account debtor; effect of notification. Subject to
subsections (b) through (i) of this Code section, an account debtor
on an account, chattel paper, or a payment intangible may discharge
its obligation by paying the assignor until, but not after, the
account debtor receives a notification, authenticated by the
assignor or the assignee, that the amount due or to become due has
been assigned and that payment is to be made to the assignee. After
receipt of the notification, the account debtor may discharge its
obligation by paying the assignee and may not discharge the
obligation by paying the assignor. (b) When notification ineffective. Subject to subsection (h) of
this Code section, notification is ineffective under subsection (a)
of this Code section: (1) If it does not reasonably identify the rights assigned; (2) To the extent that an agreement between an account debtor and
a seller of a payment intangible limits the account debtor's duty
to pay a person other than the seller and the limitation is
effective under law other than this article; or (3) At the option of an account debtor, if the notification
notifies the account debtor to make less than the full amount of
any installment or other periodic payment to the assignee, even
if: (A) Only a portion of the account, chattel paper, or payment
intangible has been assigned to that assignee; (B) A portion has been assigned to another assignee; or (C) The account debtor knows that the assignment to that
assignee is limited. (c) Proof of assignment. Subject to subsection (h) of this Code
section, if requested by the account debtor, an assignee shall
seasonably furnish reasonable proof that the assignment has been
made. Unless the assignee complies, the account debtor may
discharge its obligation by paying the assignor, even if the account
debtor has received a notification under subsection (a) of this Code
section. (d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9-407, and 53-12-28 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it: (1) Prohibits, restricts, or requires the consent of the account
debtor or person obligated on the promissory note to the
assignment or transfer of, or the creation, attachment,
perfection, or enforcement of a security interest in, the account,
chattel paper, payment intangible, or promissory note; or
(2) Provides that the assignment, transfer, creation, attachment,
perfection, or enforcement of the security interest may give rise
to a default, breach, right of recoupment, claim, defense,
termination, right of termination, or remedy under the account,
chattel paper, payment intangible, or promissory note. (e) Inapplicability of subsection (d) of this Code section to
certain sales. Subsection (d) of this Code section does not apply
to the sale of a payment intangible or promissory note. (f) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Sections 11-2A-303 and 11-9-407 and subject to subsections (h) and (i) of this Code section, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation: (1) Prohibits, restricts, or requires the consent of the
government, governmental body or official, or account debtor to
the assignment or transfer of, or the creation, attachment,
perfection, or enforcement of a security interest, in the account
or chattel paper; or (2) Provides that the assignment, transfer, creation, attachment,
perfection, or enforcement of the security interest may give rise
to a default, breach, right of recoupment, claim, defense,
termination, right of termination, or remedy under the account or
chattel paper. (g) Paragraph (3) of subsection (b) not waivable. Subject to
subsection (h) of this Code section, an account debtor may not waive
or vary its option under paragraph (3) of subsection (b) of this
Code section. (h) Rule for individual under other law. This Code section is
subject to law other than this article which establishes a different
rule for an account debtor who is an individual and who incurred the
obligation primarily for personal, family, or household purposes. (i) Inapplicability to health care insurance receivable. This Code
section does not apply to an assignment of a health care insurance
receivable. |