New Jersey § 12a:9-409
Full text of New Jersey New Jersey Statutes § 12a:9-409, with citation guidance and answers to common questions.
§ 12a:9-409.
(a) Term 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: (1) would impair the creation, attachment, or perfection of a security interest in
the letter-of-credit right; or (2) provides 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. (b) Limitation on ineffectiveness under subsection (a). To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this chapter 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: (1) is not enforceable against the applicant, issuer, nominated person, or transferee
beneficiary; (2) imposes no duties or obligations on the applicant, issuer, nominated person, or
transferee beneficiary; and (3) does 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.
Frequently Asked Questions About New Jersey § 12a:9-409
What does New Jersey Statutes § 12a:9-409 cover?
Section 12a:9-409 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:9-409?
A common citation format is "New Jersey Statutes § 12a:9-409" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:9-409 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.