Section 55-5-118 - Security interest of issuer or nominated person.

NM Stat § 55-5-118 (2019) (N/A)

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(a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.

(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under Subsection (a) of this section, the security interest continues and is subject to Chapter 55, Article 9 NMSA 1978, but:

(1) a security agreement is not necessary to make the security interest enforceable under Paragraph (3) of Subsection (b) of Section 55-9-203 NMSA 1978;

(2) if the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and

(3) if the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.

History: 1978 Comp., § 55-5-118, enacted by Laws 2001, ch. 139, § 138.

Effective dates. — Laws 2001, ch. 139, § 155 made Laws 2001, ch. 139, § 138 effective July 1, 2001.

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Section 55-5-117 - Subrogation of issuer, applicant and nominated person.

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