Transfer of Letter of Credit

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Letters of Credit
  5. Transfer of Letter of Credit

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  1. Except as otherwise provided in Code Section 11-5-113, unless a letter of credit provides that it is transferable the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.
  2. Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:
    1. The transfer would violate applicable law; or
    2. The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in subsection (e) of Code Section 11-5-108 or is otherwise reasonable under the circumstances.

(Code 1981, §11-5-112, enacted by Ga. L. 2002, p. 995, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, §§ 21, 22. 68A Am. Jur. 2d, Secured Transactions, §§ 16. 39 et seq.

C.J.S.

- 6A C.J.S., Assignments, § 1 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 5-112.


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