North Dakota Code § 41-09-71

(9-409) Restrictions on assignment of letter-of-credit rights ineffective
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1. 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:
a. Would impair the creation, attachment, or perfection of a security interest in the 
letter-of-credit right; or
b. Provides that the assignment, 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.
2. To the extent that a term in a letter of credit is ineffective under subsection 1 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:
a. Is not enforceable against the applicant, issuer, nominated person, or transferee 
beneficiary;
b. Imposes no duties or obligations on the applicant, issuer, nominated person, or 
transferee beneficiary; and
c. 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.

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