{"data":{"id":"us-nc/n.c.-gen.-stat.-25-9-409","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 25-9-409","heading":"Restrictions on assignment of letter-of-credit rights ineffective.","body":"(a)\tTerm or law restricting assignment generally ineffective. - A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:\n(1)\tWould impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or\n(2)\tProvides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.\n(b)\tLimitation on ineffectiveness under subsection (a). - To the extent that a term in a letter of credit is ineffective under subsection (a) of this section but would be effective under law other than this Article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:\n(1)\tIs not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;\n(2)\tImposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and\n(3)\tDoes not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party. (2000-169, s. 1.)\nSubpart 1. Filing Office; Contents and Effectiveness of Financing Statement.","path":["Chapter 25. Uniform Commercial Code.","Article 9. Secured Transactions.","Part 4. Rights of Third Parties."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_25/GS_25-9-409.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:58:47Z","sha256":"c0b844097f60238f755e08c733b6c27c5f2b2349a439b000481b1c544717bf53","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-25-9-408","next":"us-nc/n.c.-gen.-stat.-25-9-501"},"notice":"GroundRules: Original legal text. Not legal advice."}