There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 51 - Letters of Credit
Section 5113 - Transfer by operation of law
§ 5113. Transfer by operation of law.
(a) Undisclosed successor.--A successor of a beneficiary may
consent to amendments, sign and present documents and receive
payment or other items of value in the name of the beneficiary
without disclosing its status as a successor.
(b) Disclosed successor.--A successor of a beneficiary may
consent to amendments, sign and present documents and receive
payment or other items of value in its own name as the disclosed
successor of the beneficiary. Except as otherwise provided in
subsection (e), an issuer shall recognize a disclosed successor
of a beneficiary as beneficiary in full substitution for its
predecessor upon compliance with the requirements for
recognition by the issuer of a transfer of drawing rights by
operation of law under the standard practice referred to in
section 5108(e) (relating to standard practice) or, in the
absence of such a practice, compliance with other reasonable
procedures sufficient to protect the issuer.
(c) Determination of successor status, signature.--An issuer
is not obliged to determine whether a purported successor is a
successor of a beneficiary or whether the signature of a
purported successor is genuine or authorized.
(d) Effect of honor of presentation by purported
successor.--Honor of a purported successor's apparently
complying presentation under subsection (a) or (b) has the
consequences specified in section 5108(i) (relating to certain
consequences of honor) even if the purported successor is not
the successor of a beneficiary. Documents signed in the name of
the beneficiary or of a disclosed successor by a person who is
neither the beneficiary nor the successor of the beneficiary are
forged documents for the purposes of section 5109 (relating to
fraud and forgery).
(e) Right to decline to recognize presentation.--An issuer
whose rights of reimbursement are not covered by subsection (d)
or substantially similar law and any confirmer or nominated
person may decline to recognize a presentation under subsection
(b).
(f) Change of name.--A beneficiary whose name is changed
after the issuance of a letter of credit has the same rights and
obligations as a successor of a beneficiary under this section.
Special Provisions in Appendix. See section 28 of Act 18 of
2001 in the appendix to this title for special provisions
relating to applicability of transitional provisions.
Cross References. Section 5113 is referred to in sections
5108, 5112, 9700 of this title.
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