West Virginia Code § 46-5-114

(a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or
other item of value paid or delivered upon honor or giving of value by the issuer or any
nominated person under the letter of credit. The term does not include a beneficiary's
drawing rights or documents presented by the beneficiary.
(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The
beneficiary may do so before presentation as a present assignment of its right to receive
proceeds contingent upon its compliance with the terms and conditions of the letter of
credit. u
(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter
of credit until it consents to the assignment.
(d) An issuer or nominated person has no obligation to give or withhold its consent to an
assignment of proceeds of a letter of credit, but conlsent may not be unreasonably withheld if
the assignee possesses and exhibits the letters of credit and presentation of the letter of
credit is a condition to honor.
(e) Rights of a transferee beneficiary or nominated person are independent of the
beneficiary's assignment of the proceeds of a letter of credit and are superior to the
assignee's right to the proceeds.
(f) Neither the rights recognized by this section between an assignee and an issuer,
transferee beneficiary, or nominated person nor the issuer's or nominated person's payment
of proceeds to an assignee or a third person affect the rights between the assignee and any
person other than th e issuer, transferee beneficiary, or nominated person. The mode of
creating and pVerfecting a security interest in or granting an assignment of a beneficiary's
rights to proceeds is governed by Article 9 or other law. Against persons other than the
issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon
the creation of a security interest or other assignment of a beneficiary's right to proceeds
and its perfection are governed by Article 9 or other law.

‹ Prev All West Virginia sections Next ›

Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.