reglab/housing_qa huggingface dataset:
IN Code § 26-1-5.1-113 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-113. Successors of Beneficiaries; Rights; Recognition

Sec. 113. (a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.(b) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in IC 26-1-5.1-108(e) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.(c) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.(d) Honor of a purported successor's apparently complying presentation under subsection (a) or (b) has the consequences specified in IC 26-1-5.1-108(i) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of IC 26-1-5.1-109.(e) An issuer whose rights of reimbursement are not covered by subsection (d) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b).(f) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.As added by P.L.183-1996, SEC.4.
IN Code § 26-1-5.1-114 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-114. Proceeds of Letter of Credit; Assignment

Sec. 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.(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 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 affects 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 beneficiary's rights to proceeds is governed by IC 26-1-9.1 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 IC 26-1-9.1 or other law.As added by P.L.183-1996, SEC.4. Amended by P.L.57-2000, SEC.30.
IN Code § 26-1-5.1-115 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-115. Statute of Limitations

Sec. 115. An action to enforce a right or obligation arising under IC 26-1-5.1 must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.As added by P.L.183-1996, SEC.4.
IN Code § 26-1-5.1-116 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-116. Applicable Law Regarding Liability of Issuer; Choice of Forum

Sec. 116. (a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in IC 26-1-5.1-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.(b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If:(i) IC 26-1-5.1 would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b);(ii) the relevant undertaking incorporates rules of custom or practice; and(iii) there is conflict between IC 26-1-5.1 and those rules as applied to that undertaking;those rules govern except to the extent of any conflict with the nonvariable provisions specified in IC 26-1-5.1-103(c).(d) If there is conflict between IC 26-1-5.1 and IC 26-1-3.1, IC 26-1-4, IC 26-1-4.1, or IC 26-1-9.1, IC 26-1-5.1 governs.(e) The forum for settling disputes arising out of an undertaking within IC 26-1-5.1 may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a).As added by P.L.183-1996, SEC.4. Amended by P.L.57-2000, SEC.31.
IN Code § 26-1-5.1-117 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-117. Rights of Subrogation

Sec. 117. (a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a).(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:(1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;(2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and(3) the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays, and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, the nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.As added by P.L.183-1996, SEC.4.
IN Code § 26-1-5.1-118 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 5.1. Letters of Credit|26-1-5.1-118. Security Interest of Issuer or Nominated Person

Sec. 118. (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), the security interest continues and is subject to IC 26-1-9.1, but:(1) a security agreement is not necessary to make the security interest enforceable under IC 26-1-9.1-203(b)(3);(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.As added by P.L.57-2000, SEC.32.
IN Code § 26-1-6.2-1 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 6.2. Enforcement of Rights and Obligations Under Repealed Uniform Bulk Sales Law|26-1-6.2-1. Validity and Enforcement of Rights and Obligations Under Prior Law

Sec. 1. Rights and obligations that arose under IC 26-1-6.1 before its repeal by P.L.77-2007 remain valid and may be enforced as though IC 26-1-6.1 had not been repealed.As added by P.L.16-2009, SEC.27.
IN Code § 26-1-7-101 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-101. Short Title

Sec. 101. This chapter may be cited as Uniform Commercial Code ─ Documents of Title.Formerly: Acts 1963, c.317, s.7-101. As amended by P.L.152-1986, SEC.244; P.L.143-2007, SEC.24.
IN Code § 26-1-7-102 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-102. Definitions and Index of Definitions

Sec. 102. (a) In this chapter unless the context otherwise requires:(1) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.(2) "Carrier" means a person that issues a bill of lading.(3) "Consignee" means a person named in a bill of lading to which or to whose order the bill promises delivery.(4) "Consignor" means a person named in a bill of lading as the person from which the goods have been received for shipment.(5) "Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.(6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.(7) "Goods" means all things that are treated as movable for the purposes of a contract for storage or transportation.(8) "Issuer" means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.(9) "Person entitled under the document" means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.(10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(11) "Shipper" means a person that enters into a contract of transportation with a carrier.(12) "Sign" means, with present intent to authenticate or adopt a record:(A) to execute or adopt a tangible symbol; or(B) to attach to or logically associate with the record an electronic sound, symbol, or process.(13) "Warehouse" means a person engaged in the business of storing goods for hire.(b) Other definitions applying to this chapter and the sections in which they appear are:"Duly negotiate". IC 26-1-7-501."Contract for sale". IC 26-1-2-106."Lessee in the ordinary course of business". IC 26-1-2.1-103(o)."Receipt" of goods. IC 26-1-2-103.(c) In addition, IC 26-1-1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.Formerly: Acts 1963, c.317, s.7-102. As amended by P.L.152-1986, SEC.245; P.L.143-2007, SEC.25.
IN Code § 26-1-7-103 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-103. Relation of Chapter to Other Laws

Sec. 103. (a) This chapter is subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute applies.(b) This chapter does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this article. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.(c) This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. 7003(b)).(d) To the extent there is a conflict between IC 26-2-8 and this chapter, this chapter governs.Formerly: Acts 1963, c.317, s.7-103. As amended by P.L.152-1986, SEC.246; P.L.143-2007, SEC.26.
IN Code § 26-1-7-104 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-104. Negotiable and Nonnegotiable Warehouse Receipt, Bill of Lading, and Other Document of Title

Sec. 104. (a) Except as otherwise provided in subsection (c), a document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person.(b) A document of title other than one described in subsection (a) is nonnegotiable. A bill of lading that states that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against an order in a record signed by the same or another named person.(c) A document of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend, however expressed, that it is nonnegotiable.Formerly: Acts 1963, c.317, s.7-104. As amended by P.L.143-2007, SEC.27.
IN Code § 26-1-7-105 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-105. Tangible Substitute for Electronic Document of Title

Sec. 105. (a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if:(1) the person entitled under the electronic document surrenders control of the document to the issuer; and(2) the tangible document when issued contains a statement that it is issued in substitution for the electronic document.(b) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (a):(1) the electronic document ceases to have any effect or validity; and(2) the person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.(c) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if:(1) the person entitled under the tangible document surrenders possession of the document to the issuer; and(2) the electronic document when issued contains a statement that it is issued in substitution for the tangible document.(d) Upon issuance of an electronic document of title in substitution for a tangible document of title in accordance with subsection (c):(1) the tangible document ceases to have any effect or validity; and(2) the person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.Formerly: Acts 1963, c.317, s.7-105. As amended by P.L.152-1986, SEC.247; P.L.143-2007, SEC.28.
IN Code § 26-1-7-106 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-106. Control of Electronic Document of Title

Sec. 106. (a) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.(b) A system satisfies subsection (a), and a person is deemed to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that:(1) a single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable;(2) the authoritative copy identifies the person asserting control as:(A) the person to which the document was issued; or(B) if the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;(4) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and(6) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.As added by P.L.143-2007, SEC.29.
IN Code § 26-1-7-201 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-201. Who May Issue a Warehouse Receipt; Storage Under Government Bond

Sec. 201. (a) A warehouse receipt may be issued by any warehouse.(b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is considered to be a warehouse receipt even if issued by a person that is the owner of the goods and is not a warehouse.Formerly: Acts 1963, c.317, s.7-201. As amended by P.L.143-2007, SEC.30.
IN Code § 26-1-7-202 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-202. Form of Warehouse Receipt; Essential Terms; Optional Terms

Sec. 202. (a) A warehouse receipt need not be in any particular form.(b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission:(1) a statement of the location of the warehouse facility where the goods are stored;(2) the date of issue of the receipt;(3) the unique identification code of the receipt;(4) a statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or the person's order;(5) the rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt;(6) a description of the goods or the packages containing them;(7) the signature of the warehouse or its agent;(8) if the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, the fact of that ownership; and(9) a statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest unless the precise amount of advances made or liabilities incurred at the time of the issue of the receipt is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient.(c) A warehouse may insert in its receipt any terms that are not contrary to the provisions of IC 26-1 and do not impair its obligation of delivery under section 403 of this chapter or its duty of care under section 204 of this chapter. Any contrary provisions are ineffective.Formerly: Acts 1963, c.317, s.7-202. As amended by P.L.152-1986, SEC.248; P.L.143-2007, SEC.31.
IN Code § 26-1-7-203 (2021)
2021 Indiana Code|Title 26. Commercial Law|Article 1. Uniform Commercial Code|Chapter 7. Documents of Title|26-1-7-203. Liability for Nonreceipt or Misdescription

Sec. 203. A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:(1) the document conspicuously indicates that the issuer does not know whether all or any part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or(2) the party or purchaser otherwise has notice of the nonreceipt or misdescription.Formerly: Acts 1963, c.317, s.7-203. As amended by P.L.143-2007, SEC.32.