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Protecting Yourself as a Secured Creditor — Proposed Amendments to Article 9 of the Uniform Commercial Code



by Cynthia G. Fischer
Schnader Harrison Segal & Lewis LLP - New York Office

Emma H.C. Lee
Schnader Harrison Segal & Lewis LLP - New York Office

January 18, 2012

Previously published on January 2012

The Uniform Commercial Code (“UCC”) was drafted by two independent commissions (the Uniform Law Commission and the American Law Institute). It was recommended for adoption to all 50 states in the U.S. in an effort to harmonize the law of sales and other commercial transactions in the U.S. With certain state specific revisions, Article 9 of the UCC, governing secured transactions, has been enacted in all 50 states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. While there are state variations in Article 9 as adopted, the substantive content is largely similar. In 2010, to address issues that have arisen in practice, these two commissions proposed amendments to Article 9 with a recommended effective date of July 1, 2013. As of January 1, 2012, nine states (Connecticut, Indiana, Minnesota, Nebraska, Nevada, North Dakota, Rhode Island, Texas, and Washington) have adopted these amendments.


 

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