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49 U.S.C. § 80106Transfer without negotiation

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 278 words · no verdicts yet

in plain englishAI-generated · not legal advice

A bill holder can transfer it without negotiating it, just by delivery and agreement. If indorsement is needed to later negotiate it, the new holder can force the transferor to indorse. Once the carrier is notified of a transfer, it owes duties directly to the new holder.

(a) Delivery and Agreement — The holder of a bill of lading may transfer it without negotiating it, just by delivering it along with an agreement to transfer title to the bill or to the goods it covers. Subject to that agreement, the person receiving the bill gets title to the goods as against the person who transferred it. (b) Compelling Indorsement — If a negotiable bill is transferred for value by delivery alone, without being negotiated, and the transferor's indorsement is needed to negotiate it further, the person receiving it can force the transferor to indorse the bill, unless the parties clearly intended otherwise. The negotiation takes effect once the indorsement is made. (c) Effect of Notification — (1) Once a transferee tells the carrier that a nonnegotiable bill has been transferred under subsection (a), the carrier owes that transferee directly whatever it owed the transferor right before the notice. But before the carrier gets notice, the transferee's title to the goods and right to the carrier's obligations can be defeated by (A) a creditor of the transferor garnishing, attaching, or executing on the goods, or (B) the transferor, or a buyer from the transferor, telling the carrier about a later sale of the goods. (2) A carrier only counts as notified under this subsection if (A) an officer or agent of the carrier whose authority covers acting on the notice has been told, and (B) that officer or agent has had reasonable time to pass the word on to whoever holds or controls the goods.
the actual law source: uscode.house.gov ↗public domain
(a)Delivery and Agreement.—

The holder of a bill of lading may transfer the bill without negotiating it by delivery and agreement to transfer title to the bill or to the goods represented by it. Subject to the agreement, the person to whom the bill is transferred has title to the goods against the transferor.

(b)Compelling Indorsement.—

When a negotiable bill of lading is transferred for value by delivery without being negotiated and indorsement of the transferor is essential for negotiation, the transferee may compel the transferor to indorse the bill unless a contrary intention appears. The negotiation is effective when the indorsement is made.

(c)Effect of Notification.—
(1)

When a transferee notifies the common carrier that a nonnegotiable bill of lading has been transferred under subsection (a) of this section, the carrier is obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification. However, before the carrier is notified, the transferee’s title to the goods and right to acquire the obligations of the carrier may be defeated by—

(A)

garnishment, attachment, or execution on the goods by a creditor of the transferor; or

(B)

notice to the carrier by the transferor or a purchaser from the transferor of a later purchase of the goods from the transferor.

(2)

A common carrier has been notified under this subsection only if—

(A)

an officer or agent of the carrier, whose actual or apparent authority includes acting on the notification, has been notified; and

(B)

the officer or agent has had time, exercising reasonable diligence, to communicate with the agent having possession or control of the goods.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1348.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1348

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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