Section 55-5-112 - Transfer of letter of credit. - New Mexico Statutes

55-5-112. Transfer of letter of credit.

(a)     Except as otherwise provided in Section 55-5-113 NMSA 1978, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.   

(b)     Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:   

(1)     the transfer would violate applicable law; or   

(2)     the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in Section 55-5-108(e) NMSA 1978 or is otherwise reasonable under the circumstances.