Article 2 is a popularly cited provision in this body of statutes, since it governs contracts for the sale of goods between merchants or between a merchant and a nonmerchant. Noise words word, pdf list, as promulgated and adopted by the office of the secretary of state, that. The rules in the revised article 9 for creation of security interests are very similar to the rules for creation of security interests under the former article 9. It is defined to consist in the passing of title from the seller to the buyer for a price. The ucc system gives public notice of the debtorsecured party relationship and the collateral involved. To terminate the effectiveness of the identified financing statement with respect to the security interests of authorizing secured party, check box in item 2. It includes an overview of the implied warranties of merchantability and fitness for a particular purpose, and the implied. Texas has adopted the following articles of the ucc. But agreements for the sale of goods under ucc article 2 unless disguised security agreements under article 9 and leases of goods under ucc article 2a unless disguised security agreements under article 9 are included. This warranty is not considered a qualitative warranty because it. The following sections are taken from the texas statute. The uniform commercial code ucc financing statements record and protect a secured partys interest in the collateral offered by a debtor for a loan.
This article shall be known and may be cited as uniform commercial codesales. Notice of claim or litigation to person answerable over. Sharolyn wood senior district judge 8714 hardeman court houston, texas 77064 281. Ucc warranties of quality ucc article 2 provides for three qualitative warranties. This article applies to a transaction to the extent that it is governed by another article of the uniform commercial code. Opinions report of the legal opinions committee, business law section, state bar of texas, 1994 and 2001 authorspeaker, ucc revised article 9, houston bar association, 2001 coauthorspeaker, revised articles 8 and 9 of the ucc, texas association of bank counsel, 1995. Ucc article 2 is your friend texas continuing legal.
The enclosed checks must be made payable to or endorsed to the secretary of state of texas, must be payable. As of this writing, article 2a has been adopted in 47 states and the district of columbia excluding only louisiana, south carolina and vermont. Ucc article 2a applies to any transaction, regardless of form, that creates a lease. See ucc article 9 amendments 2010, legislative tracking, uniform l.
A factor that fails to perfect its ownership interest by filing a ucc financing statement will. Title 1 uniform commercial code 2015 texas statutes. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Lot means a parcel or a single article which is the subject matter of a. Construction of uniform commercial code to promote its purposes and policies. Scope of ucc article 2 ucc article 2 applies to transactions in goods. Winning the battle of the forms under section 2207 of. Information options relating to ucc filings and other notices on file in the filing office that include the debtor name identified in item 1. Statutes that relate to documents filed in the central filing office. Published by the legal information institute, cornell law school, jan. Provide only one debtor name 2a or 2b use exact, full name.
Publicfinance transaction manufacturedhome transaction a debtor is a transmitting utility 6a. Article new texas ucc legislation changes debtor name requirements paul hodnefield is associate general counsel for corporation service company the state of texas recently passed legislation that should be of concern for any secured party that. Log into the texas sosdirect internet page by inserting your sosdirect user id and password and click submit. Under article 2a of the uniform commercial code the ucc, the term finance lease is defined to be a true lease which consists of an overall threeparty transaction in which. It is estimated that checks are used in ninetyfive percent of all. Then select payment method, verify contact information, and click continue. For the version of this article and other uniform laws adopted by a particular state visit the liis. Explains how to make the ucc1 contract and how to properly file it explains how to establish own private treaty with the world supplemental. Use the links below to jump straight to the correct search page for texas or find. The ucc can be downloaded to pdf see the blue bar above the text, look to the right to download. Article 1 article 2 sales article 2a leases article 3 commercial paper article 4 bank deposits and collections article 4a funds transfers article 5 uniform commercial code letters of credit article 7 documents of title article 8 investment securities. Under the provisions of state uniform commercial code statutes, when personal. Uniform laws annotated duke university school of law. Historically published annually, it now includes multiple issues per year.
Survey of article 3 and an example of two aspects of codification, 44 texas l. It does not apply to money, to payment orders governed by article 4a, or to securities governed by article 8. This practice note discusses implied warranties under the texas uniform commercial code equivalent of model ucc article 2 in a sale of goods transaction, found at tex. This chapter applies to a transaction to the extent that it is governed by another chapter of. Annotated legal opinion for secured financing transactions chapter 6 2 b. Article new texas ucc legislation changes debtor name. To assign 1 some or all of assignors right to amend the identified financing statement, or 2 the assignors right to. Ucc section 2207 is the place to look no matter what jurisdiction you are in. Uniform commercial code article 2a is a proposed set of laws relating to personal property leasing. Financing statement, transmitting utility, manufacturedhome transaction, and publicfinance transaction texas business and commerce code ucc, title 1, chapter 9. Leases of goods are not governed by article 2 but by article 2a. You can find uniform commercial code information on any person or corporation in texas or other states by performing a search on the ucc website of the state or territory where the person resides or the corporation is registered. Article 2 governs, among other things, the formation of.
Obtain copies of your own states uniform commercial code. Uniform commercial code ucc duke university school of law. Professor kristen juras has taught contracts, ucc article 2, property, business, international law and other classes at the university of montana school of law since 2000. Transactions with parties in foreign countries may be governed by the cisg. Ucc article 2 does not apply to transactions in real estate, stocks, bonds, intangibles, or services. This chapter may be cited as uniform commercial codesales. Utility security instrument texas business and commerce code, title 8, chapter 261. Knockout rule applies to buyers and sellers different terms. The steps below represent a high level overview of the online filing transaction process for ucc filings. Introduction companies that are engaged in the business of purchasing and selling goods understand the importance of being intimately familiar with article 2 of the uniform commercial code, 810 ilcs 52101, et seq. Ucc stands for the uniform commercial code, which governs many different types of contract interactions. If there is conflict between this article and article 4 or 9, articles 4 and 9 govern. This article applies to a transaction to the extent that it is governed by another article of this act.
Statutes that relate to documents filed in the central. In order to create a security interest enforceable against the debtor, there are three requirements set forth in ucc 9203b. This journal is a commercial publication dating back to 1968. To locate additional books on the ucc, search the duke libraries.
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