Title 11. COMMERCIAL CODE · Chapter 5. · Article 5. LETTERS OF CREDIT
11-5-118. Security interest of issuer or nominated person.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (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.#
- (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)
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)
If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and#
- (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.#
History
Code 1981, § 11-5-118, enacted by Ga. L. 2002, p. 995, § 1.
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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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