§ 41-05-14 — (5-114) Assignment of proceeds

North Dakota § 41-05-14

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-05: Letters of Credit

Text

1. In this section, "proceeds of a letter of credit" means the cash, check, accepted draft,
or other item of value paid or delivered upon honor or giving of value by the issuer or
any nominated person under the letter of credit. The term does not include a
beneficiary's drawing rights or documents presented by the beneficiary.
2. A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The
beneficiary may do so before presentation as a present assignment of its right to
receive proceeds contingent upon its compliance with the terms and conditions of the
letter of credit.
3. An issuer or nominated person need not recognize an assignment of proceeds of a
letter of credit until it consents to the assignment.
4. An issuer or nominated person has no obligation to give or withhold its consent to an
assignment of proceeds of a letter of credit, but consent may not be unreasonably
withheld if the assignee possesses and exhibits the letter of credit and presentation of
the letter of credit is a condition to honor.
5. Rights of a transferee beneficiary or nominated person are independent of the
beneficiary's assignment of the proceeds of a letter of credit and are superior to the
assignee's right to the proceeds.
6. Neither the rights recognized by this section between an assignee and an issuer,
transferee beneficiary, or nominated person nor the issuer's or nominated person's
payment of proceeds to an assignee or a third person affect the rights between the
assignee and any person other than the issuer, transferee beneficiary, or nominated
person. The mode of creating and perfecting a security interest in or granting an
assignment of a beneficiary's rights to proceeds is governed by chapter 41-09 or other
law. Against persons other than the issuer, transferee beneficiary, or nominated
person, the rights and obligations arising upon the creation of a security interest or
other assignment of a beneficiary's right to proceeds and its perfection are governed
by chapter 41-09 or other law.