(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), the security interest continues and is subject to article 9, but:
(1) A security agreement is not necessary to make the security interest enforceable under section 42a-9-203(b)(3);
(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.
(P.A. 96-198, S. 26; P.A. 01-132, S. 144.)
History: P.A. 01-132 replaced former provisions re applicability of P.A. 96-198 with provisions re security interest of issuer or nominated person in a document presented under a letter of credit.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-5-101. - Short title: Uniform Commercial Code–Letters of Credit.
Section 42a-5-102. - Definitions.
Section 42a-5-104. - Formal requirements.
Section 42a-5-105. - Consideration.
Section 42a-5-106. - Issuance, amendment, cancellation and duration.
Section 42a-5-107. - Confirmer, nominated person and adviser.
Section 42a-5-108. - Issuer's rights and obligations.
Section 42a-5-109. - Fraud and forgery.
Section 42a-5-110. - Warranties.
Section 42a-5-111. - Remedies.
Section 42a-5-112. - Transfer of letter of credit.
Section 42a-5-113. - Transfer by operation of law.
Section 42a-5-114. - Assignment of proceeds.
Section 42a-5-115. - Statute of limitations.
Section 42a-5-116. - Choice of law and forum.
Section 42a-5-117. - Subrogation of issuer, applicant and nominated person.
Section 42a-5-118. - Security interest of issuer or nominated person.