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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 80104 Form and requirements for negotiation us united_states_code code_section 49 TRANSPORTATION 801 BILLS OF LADING 80104 49 U.S.C. § 80104 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s80104 data/legal/raw/us/code/title-49/usc49.xml 0a90b59aa8d0ed24633549247d9e38214f404c8733647782bae6f1f41264216c 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 1331c02e60ed0369ea4665b325522bb8cad992c2dab7d3d26d1786ec63818d25 2026-07-04 official
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49 U.S.C. § 80104 - Form and requirements for negotiation

Text

(a) General Rules.— (1) A negotiable bill of lading may be negotiated by indorsement. An indorsement may be made in blank or to a specified person. If the goods are deliverable to the order of a specified person, then the bill must be indorsed by that person.

(2) A negotiable bill of lading may be negotiated by delivery when the common carrier, under the terms of the bill, undertakes to deliver the goods to the order of a specified person and that person or a subsequent indorsee has indorsed the bill in blank.

(3) A negotiable bill of lading may be negotiated by a person possessing the bill, regardless of the way in which the person got possession, if—

(A) a common carrier, under the terms of the bill, undertakes to deliver the goods to that person; or

(B) when the bill is negotiated, it is in a form that allows it to be negotiated by delivery.

(b) Validity Not Affected.— The validity of a negotiation of a bill of lading is not affected by the negotiation having been a breach of duty by the person making the negotiation, or by the owner of the bill having been deprived of possession by fraud, accident, mistake, duress, loss, theft, or conversion, if the person to whom the bill is negotiated, or a person to whom the bill is subsequently negotiated, gives value for the bill in good faith and without notice of the breach of duty, fraud, accident, mistake, duress, loss, theft, or conversion.

(c) Negotiation by Seller, Mortgagor, or Pledgor to Person Without Notice.— When goods for which a negotiable bill of lading has been issued are in a common carriers possession, and the person to whom the bill has been issued retains possession of the bill after selling, mortgaging, or pledging the goods or bill, the subsequent negotiation of the bill by that person to another person receiving the bill for value, in good faith, and without notice of the prior sale, mortgage, or pledge has the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.

(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1347.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 80104(a)(1)49 App.:108.Aug. 29, 1916, ch. 415, §§ 27, 28, 30, 37, 38, 39 Stat. 542, 543, 544. 80104(a)(2)49 App.:107. 80104(a)(3)49 App.:110. 80104(b)49 App.:117. 80104(c)49 App.:118. In subsection (a)(1), the words “If the goods are deliverable to the order of a specified person” are substituted for “the person to whose order the goods are deliverable by the tenor of the bill” for clarity. The text of 49 App.:108 (last sentence) is omitted as unnecessary because of the restatement.