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Commercial Law - Product Update
5/22/2008 2:49:44 PM EST
Secured Transactions Under the Uniform Commercial Code, Latest Update, Including New Chapter on Termination of Security Interests
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Highlights of the latest update include:   

  • New Chapter 2D, which seeks to bring systemization of termination of security interests. Revised Article 9 systemically presents the doctrine governing the attachment, perfection, priority, and enforcement of security interests in personal property assets. Unfortunately, the same cannot be said for the law governing termination or extinguishment of security interests. It is scattered and disorganized. The chapter catalogs the potential ways of termination and explicates them in a way that presents insofar as is possible a unified theory of termination doctrine.  
  • A newly restructured and renamed ("Factoring and Lending Against Receivables Under Revised Article 9”) Chapter 19. The chapter focuses on the advantages and risks of core transactional formats, as well as systemic risks in both factoring and secured lending. The chapter includes an exploration of the stipulative definitions which make the operative rules of Article 9, addressing creation, perfection, and priority issues applicable to factoring arrangements, as well as discussions on the rights of the factor, non-notification lending against receivables, and complications caused by Article 9's receivables categories.  
  • A revision of Chapter 31, "Securing Obligations with Letters of Credit," which now considers the scope of the universal adoption of Revised Article 9. Subjects discussed are discounting demands drawn under letters of credit, naming the beneficiary's financer as an original or transferee beneficiary, and assignment of the beneficiary's right to proceeds of the credit.   

Secured Transactions Under the Uniform Commercial Code

UCC Secured Transactions on lexis.com

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