Title 11, Chapter 9, Section 409
( 11-9-409)
Restrictions on assignment of letter of credit rights ineffective. (a) Term or law restricting assignment generally ineffective. A term
in a letter of credit or a rule of law, statute, 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, 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, transfer, 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) Limitation on ineffectiveness under subsection (a) of this Code
section. To the extent that a term in a letter of credit is
ineffective under subsection (a) of this Code section but would be
effective under law other than this article 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. |