Sec. 118. (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 IC 26-1-9.1, but:
(1) a security agreement is not necessary to make the security interest enforceable under IC 26-1-9.1-203(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.
As added by P.L.57-2000, SEC.32.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 5.1. Letters of Credit
26-1-5.1-101. Short Title; Scope
26-1-5.1-104. Formal Requirements; Signing or Standard Practice
26-1-5.1-106. Time and Effect of Establishment of Credit; Expiration
26-1-5.1-109. Fraud and Forgery
26-1-5.1-110. Warranties on Transfer and Presentment
26-1-5.1-111. Remedies for Wrongful Dishonor, Repudiation, or Breach of Obligation
26-1-5.1-113. Successors of Beneficiaries; Rights; Recognition
26-1-5.1-114. Proceeds of Letter of Credit; Assignment
26-1-5.1-115. Statute of Limitations
26-1-5.1-116. Applicable Law Regarding Liability of Issuer; Choice of Forum
26-1-5.1-117. Rights of Subrogation
26-1-5.1-118. Security Interest of Issuer or Nominated Person