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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. § 80106 Transfer without negotiation us united_states_code code_section 49 TRANSPORTATION 801 BILLS OF LADING 80106 49 U.S.C. § 80106 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/s80106 data/legal/raw/us/code/title-49/usc49.xml b8bed4a188bda3efe25f75cdbdf6c2f78ac58d95f8137fb6c68d137924267ba6 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 1aecf32fdc4f045fe78af2d58a759444b73f0619bc3f8da174403c75f6ff8d7a 2026-07-04 official
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49 U.S.C. § 80106 - Transfer without negotiation

Text

(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 transferees 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.

(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 1348.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 80106(a)49 App.:109 (1st sentence).Aug. 29, 1916, ch. 415, §§ 29 (1st sentence), 32, 33, 39 Stat. 543. 49 App.:112 (1st sentence). 80106(b)49 App.:113. 80106(c)49 App.:112 (2dlast sentences). In subsection (a), the words “without negotiating it” are added for clarity. In subsection (b), the text of 49 App.:113 (last sentence) is omitted as unnecessary because of the words “the transferee may compel the transferor”. In subsection (c)(1), before clause (A), the words “also acquires the right to notify” and “by the transferor or transferee of a straight bill” are omitted as unnecessary because of the restatement.