405.118 Security interest of issuer or nominated person.
(1) 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.
(2) 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 sub. (1), the security interest continues and is subject to ch. 409, but:
(a) A security agreement is not necessary to make the security interest enforceable under s. 409.203 (2) (c);
(b) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and
(c) If the document is presented in a written or other tangible medium and is not a certificated security, a 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.
History: 2005 a. 213.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 405 - Uniform commercial code — letters of credit.
405.104 - Formal requirements.
405.106 - Issuance, amendment, cancellation, and duration.
405.107 - Confirmer, nominated person, and adviser.
405.108 - Issuer's rights and obligations.
405.112 - Transfer of letter of credit.
405.113 - Transfer by operation of law.
405.114 - Assignment of proceeds.
405.115 - Statute of limitations.
405.116 - Choice of law and forum.
405.117 - Subrogation of issuer, applicant, and nominated person.