Business Definition for: Uniform Commercial Code (UCC)
Uniform Commercial Code (UCC)
legal code that standardizes business law in the United States. The Code was formulated in 1952 by the National Conference of Commissioners on United States Laws. The Code was offered to the state legislatures, and all states except Louisiana adopted it. For example, the Code covers regulations on commercial paper, warranties, uncertified checks, written agency agreements, security agreements, and bankruptcy. The Uniform Commercial Code is followed by practicing lawyers.
Uniform Commercial Code (UCC)
legal code adopted by most states that codifies various laws dealing with commercial transactions, primarily those involving the sale of goods, both tangible and intangible, and secured transactions. It was drafted by the National Conference of Commissioners of Uniform State Laws and covers bank deposits, bankruptcy, commercial letters of credit, commercial paper, warranties, and other commercial activities. Article 8 of the UCC applies to transactions in investment securities.
Uniform Commercial Code (UCC)
set of standardized state laws governing financial contracts. The code was drafted by the National Conference of State Law Commissioners, and was adopted in the 1950s by most states and the District of Columbia. (Louisiana, the only state which has not fully ratified the code, has adopted Article 3 of the UCC, dealing with
checks
,
drafts
, and
negotiable instruments
.) The code has nine separate sections, called articles. The most important of these are Article 3, dealing with negotiable instruments; Article 4, dealing with bank
deposits
and
collections
; Article 5, dealing with
letters of credit
; Article 7, dealing with
warehouse receipts
and other documents of
title
; and Article 8 and
article 9
, dealing with
secured loans
.
The most recent addition to the UCC, Article 4A, covers corporate-to-corporate electronic payments, such as wire transfers and automated clearinghouse credit transfers, and has been adopted by most states. Article 4A does not address consumer transactions, deferring to the
Electronic Funds Transfer Act
and Federal Reserve
Regulation E
for regulation of consumer payments.
Adoption of the code by state legislatures made it easier for lenders to extend credit secured by
personal property
. such as a firm's equipment or receivables, as opposed to
mortgage
loans secured by real estate. The code also cleared up some ambiguities and differences in state laws, and required that contracts for sale or purchase of goods worth $500 be in writing to be enforceable.
See also
security interest
,
financing statement
,
security agreement
,
perfected lien
Uniform Commercial Code (UCC)
a group of laws to standardize the state laws that are applicable to commercial transactions. Few of the laws have relevance to
real estate
.
Example: The Uniform Commercial Code applies to
chattel mortgages
, promises, commercial paper
securities
, ETC.
Uniform Commercial Code (UCC)
code of laws governing various commercial transactions, including the sale of goods, banking transactions, secured transactions in personal property, and other matters, that was designed to bring uniformity in these areas to the laws of the various states, and that has been adopted, with some modifications, in all states (except Louisiana) as well as in the District of Columbia and in the Virgin Islands.
Related Terms:
lender's claim to assets pledged by a borrower securing payment of an obligation. A lender's interest, also known as a lien, is said to attach to the borrower's property, and consists of two limited rights: foreclosure and priority. A lender who files a financing statement, which is often the same document as the security agreement, with the appropriate state or county official gives legal notice to other creditors that a lien has been filed. This process, known as perfecting a lien, commonly is done in commercial lending of a lien that is valid against claims of other creditors and most third parties.
document filed with a lender detailing personal property taken as collateral from a borrower. The financing statement, a standard document under the Uniform Commercial Code is filed with the secretary of state or other designated public official. The document is time stamped, the filing date is noted, and a file number is assigned, securing the lender's claim to the assigned collateral.
document giving a lender a security interest in assets or property pledged as collateral. This agreement, signed by the borrower, describes the collateral and its location in sufficient detail so the lender can identify it, and assigns to the lender the right to sell or dispose of the assigned collateral if the borrower is unable to pay the obligation. The security agreement may contain loan covenants governing the advancement of funds, and a schedule for repayment of principal and interest, or require the borrower to obtain insurance coverage for the assets pledged.
The security agreement may cover nonpossessory liens in intangible property such as accounts receivable, or a possessory lien, in which the lender holds the collateral, for example, stock certificates, until the loan is fully paid. In some loans, the security agreement is also the financing statement filed with a public records office, if it has the signatures of both borrower and lender.
security interest in collateral securing a debt protected from claims by third parties. To properly file a lien and take a security interest in property owned by the borrower, a lender must file the lien with the appropriate legal authority. Perfection of a lien on real estate is accomplished by recording the mortgage deed of trust in public land records of a municipality, such as a town clerk's office.
Perfecting a lien on stocks, bonds, or other assets owned by the borrower (known as personal property, as opposed to real property, or real estate) occurs when the lender files a financing statement listing the type of collateral securing the loan, and its location, in a designated filing place, generally the office of the Secretary of the State or a county recorder's office.
The lender's financing statement gives the lender priority status ahead of creditors filing subsequent liens, and is valid for a five-year period. The filing date is recorded, and the lender's documents are assigned a file number. These documents contain a detailed record of the collateral pledged or taken by the lender, establishing the lender's claim against assets by the borrower in event that the borrower defaults or goes bankrupt.
Referring Terms:
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Copyright © 2007, 2000, 1997, 1987, by Barron's Educational Series, Inc. Reprinted by arrangement with Publisher.