UCC ARTICLE 9. (UCC-UNIFORM COMMERCIAL CODE).
Article 9 of the Uniform Commercial Code (UCC) is a set of rules that governs secured transactions in the United States. Secured transactions involve a creditor providing financing to a debtor in exchange for a security interest in the debtor's personal property.
Here are some key points about UCC Article 9:
Scope: UCC Article 9 applies to any transaction that creates a security interest in personal property or fixtures to secure the payment or performance of an obligation. Personal property can include goods, inventory, accounts receivable, equipment, and intangible assets.
Creation and Attachment of Security Interest: A security interest is created when the debtor has rights in the collateral, the creditor gives value, and the debtor has authenticated a security agreement or the creditor has possession or control of the collateral. Attachment occurs when the security interest becomes enforceable against the debtor and third parties.
Perfection: Perfection is the process by which a security interest becomes enforceable against third parties. It puts other parties on notice of the creditor's interest in the collateral. Perfection can be achieved through various methods, including filing a financing statement with the appropriate state agency, possession of the collateral, control of the collateral, or automatic perfection for certain types of collateral.
Priority: UCC Article 9 establishes rules to determine the priority of competing security interests. Generally, the first party to perfect their security interest will have priority over subsequent security interests. However, there are exceptions and rules for determining priority among conflicting security interests.
Default and Remedies: If a debtor defaults on the obligation secured by a security interest, the creditor has the right to take certain actions. This can include repossessing and selling the collateral, obtaining a judgment for the unpaid amount, or exercising other remedies provided by the UCC or by agreement.
It's important to note that while the UCC provides a uniform framework for secured transactions, each state may have its own variations and additional requirements. Therefore, it's crucial to consult the specific state's version of the UCC Article 9 for detailed guidance and rules applicable in a particular jurisdiction.
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