Georgia Commons

Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 5. · Article 5. LETTERS OF CREDIT

11-5-118. Security interest of issuer or nominated person.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.#

  2. (b)

    So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a) of this Code section, the security interest continues and is subject to Article 9 of this title, but:#

    1. (1)

      A security agreement is not necessary to make the security interest enforceable under paragraph (3) of subsection (b) of Code Section 11-9-203;#

    2. (2)

      If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and#

    3. (3)

      If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-5-118, enacted by Ga. L. 2002, p. 995, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 594; merge action: carried; file SHA-256 ad397fccbf21.

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