Section 9--409. Restrictions on Assignment of Letter-of-credit Rights Ineffective


Latest version.
  • (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 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) Limitation  on ineffectiveness under subsection (a). To the extent
      that a term in a letter-of-credit is ineffective  under  subsection  (a)
      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.