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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
009
:
Secured Transactions
§
9-409. Restrictions on assignment of letter-of-credit rights ineffective
(a) 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) 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. (Added
1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001.)