Revised Code of Washington
Chapter 62A.9A - Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper.
62A.9A-406 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

RCW 62A.9A-406
Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

(a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (j) of this section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
(b) When notification ineffective. Subject to subsection (h) of this section, notification is ineffective under subsection (a) of this section:
(1) If it does not reasonably identify the rights assigned;
(2) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this Article; or
(3) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
(A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
(B) A portion has been assigned to another assignee; or
(C) The account debtor knows that the assignment to that assignee is limited.
(c) Proof of assignment. Subject to subsection (h) of this section, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a) of this section.
(d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this section and RCW 62A.2A-303 and 62A.9A-407, and subject to subsections (h) and (j) of this section, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or
(2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note.
(e) Inapplicability of subsection (d) of this section to certain sales. Subsection (d) of this section does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under RCW 62A.9A-610 or an acceptance of collateral under RCW 62A.9A-620.
(f) [Reserved]
(g) Subsection (b)(3) of this section not waivable. Subject to subsection (h) of this section, an account debtor may not waive or vary its option under subsection (b)(3) of this section.
(h) Rule for individual under other law. This section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(i) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance receivable.
(j)(1) Inapplicability of subsection (d) of this section to certain transactions. After July 1, 2003, subsection (d) of this section does not apply to the assignment or transfer of or creation of a security interest in:
(A) A claim or right to receive compensation for injuries or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
(B) A claim or right to receive benefits under a special needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
(2) This subsection will not affect a transfer of structured settlement payment rights under chapter 19.205 RCW.

[ 2011 c 74 § 301; 2003 c 87 § 1; 2001 c 32 § 34; 2000 c 250 § 9A-406.]
NOTES:

Application—Effective date—2011 c 74: See notes following RCW 62A.9A-102.


Effective date—2003 c 87: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [ 2003 c 87 § 3.]


Effective date—2001 c 32: See note following RCW 62A.9A-102.

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.9A - Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper.

62A.9A-101 - Short title.

62A.9A-102 - Definitions and index of definitions.

62A.9A-103 - Purchase-money security interest; application of payments; burden of establishing.

62A.9A-104 - Control of deposit account.

62A.9A-105 - Control of electronic chattel paper.

62A.9A-106 - Control of investment property.

62A.9A-107 - Control of letter-of-credit right.

62A.9A-108 - Sufficiency of description in security agreement.

62A.9A-109 - Scope.

62A.9A-110 - Security interests arising under Article 2 or 2A.

62A.9A-201 - General effectiveness of security agreement.

62A.9A-202 - Title to collateral immaterial.

62A.9A-203 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

62A.9A-204 - After-acquired property; future advances.

62A.9A-205 - Use or disposition of collateral permissible.

62A.9A-206 - Security interest arising in purchase or delivery of financial asset.

62A.9A-207 - Rights and duties of secured party having possession or control of collateral.

62A.9A-208 - Additional duties of secured party having control of collateral.

62A.9A-209 - Duties of secured party if account debtor has been notified of assignment.

62A.9A-210 - Request for accounting; request regarding list of collateral or statement of account.

62A.9A-301 - Law governing perfection and priority of security interests.

62A.9A-302 - Law governing perfection and priority of agricultural liens.

62A.9A-303 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

62A.9A-304 - Law governing perfection and priority of security interests in deposit accounts.

62A.9A-305 - Law governing perfection and priority of security interests in investment property.

62A.9A-306 - Law governing perfection and priority of security interests in letter-of-credit rights.

62A.9A-307 - Location of debtor.

62A.9A-308 - When security interest or agricultural lien is perfected; continuity of perfection.

62A.9A-309 - Security interest perfected upon attachment.

62A.9A-310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

62A.9A-311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

62A.9A-312 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection witho...

62A.9A-313 - When possession by or delivery to secured party perfects security interest without filing.

62A.9A-314 - Perfection by control.

62A.9A-315 - Secured party's rights on disposition of collateral and in proceeds.

62A.9A-316 - Effect of change in governing law.

62A.9A-317 - Interests that take priority over or take free of security interest or agricultural lien.

62A.9A-318 - No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

62A.9A-319 - Rights and title of consignee with respect to creditors and purchasers.

62A.9A-320 - Buyer of goods.

62A.9A-321 - Licensee of general intangible and lessee of goods in ordinary course of business.

62A.9A-322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

62A.9A-323 - Future advances.

62A.9A-324 - Priority of purchase-money security interests.

62A.9A-325 - Priority of security interests in transferred collateral.

62A.9A-326 - Priority of security interests created by new debtor.

62A.9A-327 - Priority of security interests in deposit account.

62A.9A-328 - Priority of security interests in investment property.

62A.9A-329 - Priority of security interests in letter-of-credit right.

62A.9A-330 - Priority of purchaser of chattel paper or instrument.

62A.9A-331 - Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8.

62A.9A-332 - Transfer of money; transfer of funds from deposit account.

62A.9A-333 - Priority of certain liens arising by operation of law.

62A.9A-334 - Priority of security interests in fixtures and crops.

62A.9A-335 - Accessions.

62A.9A-336 - Commingled goods.

62A.9A-337 - Priority of security interests in goods covered by certificate of title.

62A.9A-338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

62A.9A-339 - Priority subject to subordination.

62A.9A-340 - Effectiveness of right of recoupment or set-off against deposit account.

62A.9A-341 - Bank's rights and duties with respect to deposit account.

62A.9A-342 - Bank's right to refuse to enter into or disclose existence of control agreement.

62A.9A-401 - Alienability of debtor's rights.

62A.9A-402 - Secured party not obligated on contract of debtor or in tort.

62A.9A-403 - Agreement not to assert defenses against assignee.

62A.9A-404 - Rights acquired by assignee; claims and defenses against assignee.

62A.9A-405 - Modification of assigned contract.

62A.9A-406 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

62A.9A-407 - Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.

62A.9A-408 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

62A.9A-409 - Restrictions on assignment of letter-of-credit rights ineffective.

62A.9A-501 - Filing office.

62A.9A-502 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

62A.9A-503 - Name of debtor and secured party.

62A.9A-504 - Indication of collateral.

62A.9A-505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

62A.9A-506 - Effect of errors or omissions.

62A.9A-507 - Effect of certain events on effectiveness of financing statement.

62A.9A-508 - Effectiveness of financing statement if new debtor becomes bound by security agreement.

62A.9A-509 - Persons entitled to file a record.

62A.9A-510 - Effectiveness of filed record.

62A.9A-511 - Secured party of record.

62A.9A-512 - Amendment of financing statement.

62A.9A-513 - Termination statement.

62A.9A-514 - Assignment of powers of secured party of record.

62A.9A-515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

62A.9A-516 - What constitutes filing; effectiveness of filing.

62A.9A-517 - Effect of indexing errors.

62A.9A-518 - Claim concerning inaccurate or wrongfully filed record.

62A.9A-519 - Numbering, maintaining, and indexing records; communicating information provided in records.

62A.9A-520 - Acceptance and refusal to accept record.

62A.9A-521 - Uniform form of written financing statement and amendment.

62A.9A-522 - Maintenance and destruction of records.

62A.9A-523 - Information from filing office; sale or license of records.

62A.9A-524 - Delay by filing office.

62A.9A-525 - Fees.

62A.9A-526 - Filing-office rules.

62A.9A-527 - Duty to report.

62A.9A-601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

62A.9A-602 - Waiver and variance of rights and duties.

62A.9A-603 - Agreement on standards concerning rights and duties.

62A.9A-604 - Procedure if security agreement covers real property, fixtures, or manufactured home.

62A.9A-605 - Unknown debtor or secondary obligor.

62A.9A-606 - Time of default for agricultural lien.

62A.9A-607 - Collection and enforcement by secured party.

62A.9A-608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

62A.9A-609 - Secured party's right to take possession after default.

62A.9A-610 - Disposition of collateral after default.

62A.9A-611 - Notification before disposition of collateral.

62A.9A-612 - Timeliness of notification before disposition of collateral.

62A.9A-613 - Contents and form of notification before disposition of collateral: General.

62A.9A-614 - Contents and form of notification before disposition of collateral: Consumer-goods transaction.

62A.9A-615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

62A.9A-616 - Explanation of calculation of surplus or deficiency.

62A.9A-617 - Rights of transferee of collateral.

62A.9A-618 - Rights and duties of certain secondary obligors.

62A.9A-619 - Transfer of record or legal title.

62A.9A-620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

62A.9A-621 - Notification of proposal to accept collateral.

62A.9A-622 - Effect of acceptance of collateral.

62A.9A-623 - Right to redeem collateral.

62A.9A-624 - Waiver.

62A.9A-625 - Remedies for secured party's failure to comply with Article.

62A.9A-626 - Action in which deficiency or surplus is in issue.

62A.9A-627 - Determination of whether conduct was commercially reasonable.

62A.9A-628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.

62A.9A-701 - Effective date—2000 c 250.

62A.9A-702 - Savings clause.

62A.9A-703 - Security interest perfected before effective date.

62A.9A-704 - Security interest unperfected before effective date.

62A.9A-705 - Effectiveness of action taken before effective date.

62A.9A-706 - When initial financing statement suffices to continue effectiveness of financing statement.

62A.9A-707 - Amendment of preeffective-date financing statement.

62A.9A-708 - Persons entitled to file initial financing statement or continuation statement.

62A.9A-709 - Priority.

62A.9A-803 - Security interest perfected before effective date.

62A.9A-804 - Security interest unperfected before effective date.

62A.9A-805 - Effectiveness of action taken before effective date.

62A.9A-806 - When initial financing statement suffices to continue effectiveness of financing statement.

62A.9A-807 - Amendment of preeffective date financing statement.

62A.9A-808 - Person entitled to file initial financing statement or continuation statement.

62A.9A-809 - Priority.