§46-7-501. Form of negotiation and requirements of due negotiation.
(a) The following rules apply to a negotiable tangible document of title:
(1) If the document's original terms run to the order of a named person, the document is negotiated by the named person's indorsement and delivery. After the named person's indorsement in blank or to bearer, any person may negotiate the document by delivery alone.
(2) If the document's original terms run to bearer, it is negotiated by delivery alone.
(3) If the document's original terms run to the order of a named person and it is delivered to the named person, the effect is the same as if the document had been negotiated.
(4) Negotiation of the document after it has been indorsed to a named person requires indorsement by the named person and delivery.
(5) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a monetary obligation.
(b) The following rules apply to a negotiable electronic document of title:
(1) If the document's original terms run to the order of a named person or to bearer, the document is negotiated by delivery of the document to another person. Indorsement by the named person is not required to negotiate the document.
(2) If the document's original terms run to the order of a named person and the named person has control of the document, the effect is the same as if the document had been negotiated.
(3) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves taking delivery of the document in settlement or payment of a monetary obligation.
(c) Indorsement of a nonnegotiable document of title neither makes it negotiable nor adds to the transferee's rights.
(d) The naming in a negotiable bill of lading of a person to be notified of the arrival of the goods does not limit the negotiability of the bill or constitute notice to a purchaser of the bill of any interest of that person in the goods.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title
§46-7-102. Definitions and Index of Definitions
§46-7-103. Relation of Article to Treaty or Statute
§46-7-104. Negotiable and Nonnegotiable Document of Title
§46-7-105. Reissuance in Alternative Medium
§46-7-106. Control of Electronic Document of Title
§46-7-201. Person That May Issue a Warehouse Receipt; Storage Under Bond
§46-7-202. Form of Warehouse Receipt; Effect of Omission
§46-7-203. Liability for Nonreceipt or Misdescription
§46-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
§46-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
§46-7-206. Termination of Storage at Warehouse's Option
§46-7-207. Goods Must Be Kept Separate; Fungible Goods
§46-7-208. Altered Warehouse Receipts
§46-7-210. Enforcement of Warehouse's Lien
§46-7-302. Through Bills of Lading and Similar Documents of Title
§46-7-303. Diversion; Reconsignment; Change of Instructions
§46-7-304. Tangible Bills of Lading in a Set
§46-7-306. Altered Bills of Lading
§46-7-308. Enforcement of Carrier's Lien
§46-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
§46-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
§46-7-402. Duplicate Document of Title; Overissue
§46-7-403. Obligation of Bailee to Deliver; Excuse
§46-7-404. No Liability for Good-Faith Delivery Pursuant to Document of Title
§46-7-501. Form of Negotiation and Requirements of Due Negotiation
§46-7-502. Rights Acquired by Due Negotiation
§46-7-503. Document of Title to Goods Defeated in Certain Cases
§46-7-504. Rights Acquired in Absence of Due Negotiation; Effect of Diversion; Stoppage of Delivery
§46-7-505. Indorser Not Guarantor for Other Parties
§46-7-506. Delivery Without Indorsement: Right to Compel Indorsement
§46-7-507. Warranties on Negotiation or Delivery of Document of Title
§46-7-508. Warranties of Collecting Bank as to Documents of Title
§46-7-509. Adequate Compliance With Commercial Contract
§46-7-601. Lost, Stolen or Destroyed Documents of Title
§46-7-602. Judicial Process Against Goods Covered by Negotiable Document of Title