§ 25‑9‑403. Agreement not to assert defenses against assignee.
(a) "Value." In this section, "value" has the meaning provided in G.S. 25‑3‑303(a).
(b) Agreement not toassert claim or defense. Except as otherwise provided in this section, anagreement between an account debtor and an assignor not to assert against anassignee any claim or defense that the account debtor may have against theassignor is enforceable by an assignee that takes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of aclaim of a property or possessory right to the property assigned; and
(4) Without notice of adefense or claim in recoupment of the type that may be asserted against aperson entitled to enforce a negotiable instrument under G.S. 25‑3‑305(a).
(c) When subsection (b)not applicable. Subsection (b) of this section does not apply to defenses ofa type that may be asserted against a holder in due course of a negotiableinstrument under G.S. 25‑3‑305(b).
(d) Omission ofrequired statement in consumer transaction. In a consumer transaction, if arecord evidences the account debtor's obligation, law other than this Articlerequires that the record include a statement to the effect that the rights ofan assignee are subject to claims or defenses that the account debtor couldassert against the original obligee, and the record does not include such astatement:
(1) The record has thesame effect as if the record included such a statement; and
(2) The account debtormay assert against an assignee those claims and defenses that would have beenavailable if the record included such a statement.
(e) Rule for individualunder other law. This section is subject to law other than this Article whichestablishes a different rule for an account debtor who is an individual and whoincurred the obligation primarily for personal, family, or household purposes.
(f) Other law notdisplaced. Except as otherwise provided in subsection (d) of this section,this section does not displace law other than this Article which gives effectto an agreement by an account debtor not to assert a claim or defense againstan assignee. (1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000‑169,s. 1.)
§ 25‑9‑403. Agreement not to assert defenses against assignee.
(a) "Value." In this section, "value" has the meaning provided in G.S. 25‑3‑303(a).
(b) Agreement not toassert claim or defense. Except as otherwise provided in this section, anagreement between an account debtor and an assignor not to assert against anassignee any claim or defense that the account debtor may have against theassignor is enforceable by an assignee that takes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of aclaim of a property or possessory right to the property assigned; and
(4) Without notice of adefense or claim in recoupment of the type that may be asserted against aperson entitled to enforce a negotiable instrument under G.S. 25‑3‑305(a).
(c) When subsection (b)not applicable. Subsection (b) of this section does not apply to defenses ofa type that may be asserted against a holder in due course of a negotiableinstrument under G.S. 25‑3‑305(b).
(d) Omission ofrequired statement in consumer transaction. In a consumer transaction, if arecord evidences the account debtor's obligation, law other than this Articlerequires that the record include a statement to the effect that the rights ofan assignee are subject to claims or defenses that the account debtor couldassert against the original obligee, and the record does not include such astatement:
(1) The record has thesame effect as if the record included such a statement; and
(2) The account debtormay assert against an assignee those claims and defenses that would have beenavailable if the record included such a statement.
(e) Rule for individualunder other law. This section is subject to law other than this Article whichestablishes a different rule for an account debtor who is an individual and whoincurred the obligation primarily for personal, family, or household purposes.
(f) Other law notdisplaced. Except as otherwise provided in subsection (d) of this section,this section does not displace law other than this Article which gives effectto an agreement by an account debtor not to assert a claim or defense againstan assignee. (1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000‑169,s. 1.)
§ 25‑9‑403. Agreement not to assert defenses against assignee.
(a) "Value." In this section, "value" has the meaning provided in G.S. 25‑3‑303(a).
(b) Agreement not toassert claim or defense. Except as otherwise provided in this section, anagreement between an account debtor and an assignor not to assert against anassignee any claim or defense that the account debtor may have against theassignor is enforceable by an assignee that takes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of aclaim of a property or possessory right to the property assigned; and
(4) Without notice of adefense or claim in recoupment of the type that may be asserted against aperson entitled to enforce a negotiable instrument under G.S. 25‑3‑305(a).
(c) When subsection (b)not applicable. Subsection (b) of this section does not apply to defenses ofa type that may be asserted against a holder in due course of a negotiableinstrument under G.S. 25‑3‑305(b).
(d) Omission ofrequired statement in consumer transaction. In a consumer transaction, if arecord evidences the account debtor's obligation, law other than this Articlerequires that the record include a statement to the effect that the rights ofan assignee are subject to claims or defenses that the account debtor couldassert against the original obligee, and the record does not include such astatement:
(1) The record has thesame effect as if the record included such a statement; and
(2) The account debtormay assert against an assignee those claims and defenses that would have beenavailable if the record included such a statement.
(e) Rule for individualunder other law. This section is subject to law other than this Article whichestablishes a different rule for an account debtor who is an individual and whoincurred the obligation primarily for personal, family, or household purposes.
(f) Other law notdisplaced. Except as otherwise provided in subsection (d) of this section,this section does not displace law other than this Article which gives effectto an agreement by an account debtor not to assert a claim or defense againstan assignee. (1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000‑169,s. 1.)
