State Codes and Statutes

Statutes > New-york > Ucc > Article-5 > 5-113

Section 5--113. Transfer by operation of law.    (a) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  the  name of the beneficiary without disclosing its status as a successor.    (b) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  its  own  name  as  the  disclosed  successor  of  the beneficiary. Except as  otherwise provided in subsection (e) of this section,  an  issuer  shall  recognize  a disclosed successor of a beneficiary as beneficiary in full  substitution for its predecessor upon compliance with  the  requirements  for  recognition  by  the  issuer  of  a  transfer  of drawing rights by  operation of law under the standard practice referred to  in  subsection  (e)  of section 5--108 or, in the absence of such a practice, compliance  with other reasonable procedures sufficient to protect the issuer.    (c) An  issuer  is  not  obliged  to  determine  whether  a  purported  successor  is a successor of a beneficiary or whether the signature of a  purported successor is genuine or authorized.    (d) Honor of a purported successor's apparently complying presentation  under subsection (a)  or  (b)  of  this  section  has  the  consequences  specified  in  subsection  (i)  of  section 5--108 even if the purported  successor is not the successor of a beneficiary. Documents signed in the  name of the beneficiary or of a disclosed successor by a person  who  is  neither  the beneficiary nor the successor of the beneficiary are forged  documents for the purposes of section 5--109.    (e) An issuer  whose  rights  of  reimbursement  are  not  covered  by  subsection  (d)  of  this  section  or substantially similar law and any  confirmer or nominated person may decline to  recognize  a  presentation  under subsection (b) of this section.    (f) A beneficiary whose name is changed after the issuance of a letter  of  credit  has  the  same  rights  and  obligations as a successor of a  beneficiary under this section.

State Codes and Statutes

Statutes > New-york > Ucc > Article-5 > 5-113

Section 5--113. Transfer by operation of law.    (a) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  the  name of the beneficiary without disclosing its status as a successor.    (b) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  its  own  name  as  the  disclosed  successor  of  the beneficiary. Except as  otherwise provided in subsection (e) of this section,  an  issuer  shall  recognize  a disclosed successor of a beneficiary as beneficiary in full  substitution for its predecessor upon compliance with  the  requirements  for  recognition  by  the  issuer  of  a  transfer  of drawing rights by  operation of law under the standard practice referred to  in  subsection  (e)  of section 5--108 or, in the absence of such a practice, compliance  with other reasonable procedures sufficient to protect the issuer.    (c) An  issuer  is  not  obliged  to  determine  whether  a  purported  successor  is a successor of a beneficiary or whether the signature of a  purported successor is genuine or authorized.    (d) Honor of a purported successor's apparently complying presentation  under subsection (a)  or  (b)  of  this  section  has  the  consequences  specified  in  subsection  (i)  of  section 5--108 even if the purported  successor is not the successor of a beneficiary. Documents signed in the  name of the beneficiary or of a disclosed successor by a person  who  is  neither  the beneficiary nor the successor of the beneficiary are forged  documents for the purposes of section 5--109.    (e) An issuer  whose  rights  of  reimbursement  are  not  covered  by  subsection  (d)  of  this  section  or substantially similar law and any  confirmer or nominated person may decline to  recognize  a  presentation  under subsection (b) of this section.    (f) A beneficiary whose name is changed after the issuance of a letter  of  credit  has  the  same  rights  and  obligations as a successor of a  beneficiary under this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-5 > 5-113

Section 5--113. Transfer by operation of law.    (a) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  the  name of the beneficiary without disclosing its status as a successor.    (b) A  successor  of a beneficiary may consent to amendments, sign and  present documents, and receive payment or other items of  value  in  its  own  name  as  the  disclosed  successor  of  the beneficiary. Except as  otherwise provided in subsection (e) of this section,  an  issuer  shall  recognize  a disclosed successor of a beneficiary as beneficiary in full  substitution for its predecessor upon compliance with  the  requirements  for  recognition  by  the  issuer  of  a  transfer  of drawing rights by  operation of law under the standard practice referred to  in  subsection  (e)  of section 5--108 or, in the absence of such a practice, compliance  with other reasonable procedures sufficient to protect the issuer.    (c) An  issuer  is  not  obliged  to  determine  whether  a  purported  successor  is a successor of a beneficiary or whether the signature of a  purported successor is genuine or authorized.    (d) Honor of a purported successor's apparently complying presentation  under subsection (a)  or  (b)  of  this  section  has  the  consequences  specified  in  subsection  (i)  of  section 5--108 even if the purported  successor is not the successor of a beneficiary. Documents signed in the  name of the beneficiary or of a disclosed successor by a person  who  is  neither  the beneficiary nor the successor of the beneficiary are forged  documents for the purposes of section 5--109.    (e) An issuer  whose  rights  of  reimbursement  are  not  covered  by  subsection  (d)  of  this  section  or substantially similar law and any  confirmer or nominated person may decline to  recognize  a  presentation  under subsection (b) of this section.    (f) A beneficiary whose name is changed after the issuance of a letter  of  credit  has  the  same  rights  and  obligations as a successor of a  beneficiary under this section.