§ 6A-5-118. Security interest of issuer or nominated person.
(a) An issuer or nominated person has a security interest in a document presented under a letter of credit and any identifiable proceeds of the collateral to the extent that the issuer or nominated person honors or gives value for the presentation.
(b) Subject to subsection (c), as 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 chapter 9 of this title, but:
(1) A security agreement is not necessary to make the security interest enforceable under § 6A-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, so long as the debtor does not have possession of the document, the security interest is perfected and has priority over a conflicting security interest in the document.
History of Section.P.L. 2000, ch. 182, § 4; P.L. 2000, ch. 420, § 4.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Chapter 6A-5 - Letters of Credit
Section 6A-5-101. - Short title.
Section 6A-5-102. - Definitions.
Section 6A-5-104. - Formal requirements.
Section 6A-5-105. - Consideration.
Section 6A-5-106. - Issuance, amendment, cancellation, and duration.
Section 6A-5-107. - Confirmer, nominated person, and adviser.
Section 6A-5-108. - Issuer’s rights and obligations.
Section 6A-5-109. - Fraud and forgery.
Section 6A-5-110. - Warranties.
Section 6A-5-112. - Transfer of letter of credit.
Section 6A-5-113. - Transfer by operation of law.
Section 6A-5-114. - Assignment of proceeds.
Section 6A-5-115. - Statute of limitations.
Section 6A-5-116. - Choice of law and forum.
Section 6A-5-117. - Subrogation of issuer, applicant, and nominated person.
Section 6A-5-118. - Security interest of issuer or nominated person.