2017 New York Laws
UCC - Uniform Commercial Code
Article 9 - Secured Transactions
Part 4 - Rights of Third Parties
9-409 - Restrictions on Assignment of Letter-of-Credit Rights Ineffective

Universal Citation: NY UCC § 9-409 (2017)
Section 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 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.


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