The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.
(Dec. 30, 1963, 77 Stat. 730, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 9, 60 DCR 2634.)
1981 Ed., § 28:7-506.
1973 Ed., § 28:7-506.
Prior Uniform Statutory Provision: Section 35, Uniform Sales Act; Section 43, Uniform Warehouse Receipts Act; Section 34, Uniform Bills of Lading Act.
Changes: Consolidated and rewritten; former requirement that transfer be “for value” eliminated.
Purposes of Changes: 1. From a commercial point of view the intention to transfer a negotiable document of title which requires an indorsement for its transfer, is incompatible with an intention to withhold such indorsement and so defeat the effective use of the document. This position is sustained by the absence of any reported case applying the prior provisions in almost forty years of decisions. Further, the preceding section and the Comment thereto make it clear that an indorsement generally imposes no responsibility on the indorser.
2. Although this section provides that delivery of a document of title without the necessary indorsement is effective as a transfer, the transferee, of course, has not regularized his position until such indorsement is supplied. Until this is done he cannot claim rights under due negotiation within the requirements of this Article (subsection (4) of Section 7-501) on “due negotiation.“ Similarly despite the transfer to him of his transferor’s title, he cannot demand the goods from the bailee until the negotiation has been completed and the document is in proper form for surrender. See Section 7-403(2).
Cross References: Point 1: Section 7-505.
Point 2: Sections 7-501(4) and 7-403(2).
Definitional Cross References: “Document of title”. Section 1-201.
“Rights”. Section 1-201.
Prior Uniform Statutory Provision: Former Section 7-506.
Changes: Limited to tangible documents of title.
Purposes: 1. This section is limited to tangible documents of title as the concept of indorsement is irrelevant to electronic documents of title. Electronic documents of title will be transferred by delivery of control. Section 7-106. From a commercial point of view the intention to transfer a tangible negotiable document of title which requires an indorsement for its transfer, is incompatible with an intention to withhold such indorsement and so defeat the effective use of the document. Further, the preceding section and the Comment thereto make it clear that an indorsement generally imposes no responsibility on the indorser.
2. Although this section provides that delivery of a tangible document of title without the necessary indorsement is effective as a transfer, the transferee, of course, has not regularized its position until such indorsement is supplied. Until this is done the transferee cannot claim rights under due negotiation within the requirements of this Article ( Section 7-501(a)(5)) on “due negotiation”. Similarly, despite the transfer to the transferee of the transferor’s title, the transferee cannot demand the goods from the bailee until the negotiation has been completed and the document is in proper form for surrender. See Section 7-403(c).
Cross References: Point 1: Sections 7-106 and 7-505.
Point 2: Sections 7-501(a)(5) and 7-403(c).
Definitional Cross References: “Document of title”. Section 1-201.
“Rights”. Section 1-201.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 7 - Documents of Title
§ 28:7–102. Definitions and index of definitions
§ 28:7–103. Relation of article to treaty or statute
§ 28:7–104. Negotiable and nonnegotiable document of title
§ 28:7–105. Reissuance in alternative medium
§ 28:7–106. Control of electronic document of title
§ 28:7–201. Person that may issue a warehouse receipt; storage under bond
§ 28:7–202. Form of warehouse receipt; effect of omission
§ 28:7–203. Liability for nonreceipt or misdescription
§ 28:7–204. Duty of care; contractual limitation of warehouse’s liability
§ 28:7–205. Title under warehouse receipt defeated in certain cases
§ 28:7–206. Termination of storage at warehouse’s option
§ 28:7–207. Goods must be kept separate; fungible goods
§ 28:7–208. Altered warehouse receipts
§ 28:7–210. Enforcement of warehouse’s lien
§ 28:7–302. Through bills of lading and similar documents of title
§ 28:7–303. Diversion; reconsignment; change of instructions
§ 28:7–304. Tangible bills of lading in a set
§ 28:7–306. Altered bills of lading
§ 28:7–308. Enforcement of carrier’s lien
§ 28:7–309. Duty of care; contractual limitation of carrier’s liability
§ 28:7–401. Irregularities in issue of receipt or bill or conduct of issuer
§ 28:7–402. Duplicate document of title; overissue
§ 28:7–403. Obligation of bailee to deliver; excuse
§ 28:7–404. No liability for good-faith delivery pursuant to document of title
§ 28:7–501. Form of negotiation and requirements of due negotiation
§ 28:7–502. Rights acquired by due negotiation
§ 28:7–503. Document of title to goods defeated in certain cases
§ 28:7–504. Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery
§ 28:7–505. Indorser not guarantor for other parties
§ 28:7–506. Delivery without indorsement: right to compel indorsement
§ 28:7–507. Warranties on negotiation or delivery of document of title
§ 28:7–508. Warranties of collecting bank as to documents of title
§ 28:7–509. Adequate compliance with commercial contract
§ 28:7–601. Lost, stolen, or destroyed documents of title
§ 28:7–602. Judicial process against goods covered by negotiable document of title