| 3. Relationship to Letter-of-Credit Law. Although |
restrictions on an assignment of a letter of credit are |
ineffective to prevent creation, attachment, and perfection of a |
security interest, subsection (b) [Maine cite subsection (2)] |
protects the issuer and other parties from any adverse effects of |
the security interest by preserving letter-of-credit law and |
practice that limits the right of a beneficiary to transfer its |
right to draw or otherwise demand performance (Section 5-112) and |
limits the obligation of an issuer or nominated person to |
recognize a beneficiary's assignment of letter-of-credit proceeds |
(Section 5-114). Thus, this section's treatment of letter-of- |
credit rights differs from this Article's treatment of |
instruments and investment property. Moreover, under Section 9- |
109(c)(4) [Maine cite section 9-1109, subsection (3), paragraph |
(d)], this Article does not apply to the extent that the rights |
of a transferee beneficiary or nominated person are independent |
and superior under Section 5-114, thereby preserving the |
"independence principle" of letter-of-credit law. |