In this section, — California Code § 5114
California Code § 5114 — In this section,. Reproduced from the official Public Contract Code - PCC, with a citation summary, verification link, and related provisions.
§ 5114. In this section,
(a) In this section, âproceeds of a letter of creditâ 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 beneficiaryâs 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. (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 consent may not be unreasonably withheld if the assignee possesses and exhibits the letter 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 beneficiaryâs assignment of the proceeds of a letter of credit and are superior to the assigneeâs 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 issuerâs or nominated personâs payment of proceeds to an assignee or third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiaryâs rights to proceeds is governed by Division 9 (commencing with Section 9101) 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 beneficiaryâs right to proceeds and its perfection are governed by Division 9 (commencing with Section 9101) or other law.
Source: official California text · Last verified 2026-08-27
At a glance
- Citation: Public Contract Code - PCC § 5114
- Jurisdiction: California
- Code: Public Contract Code - PCC
- Subject: In this section,
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Public Contract Code - PCC. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed California attorney.
Common questions
What is the source of Public Contract Code - PCC § 5114?
The text above is transcribed from the Public Contract Code - PCC, the codified statutes of California. The official publisher link appears under "Verify the text" on this page.
What subject does Public Contract Code - PCC § 5114 address?
It addresses "In this section,". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Public Contract Code - PCC § 5114 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official California source before relying on this text.
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