The Recent Amendments to UCC Article 9: Problems and Solutions

David Frisch *

First, the old news. In 1998, the American Law Institute (“ALI”) and the Uniform Law Commission (“ULC”)—as sponsors of the Uniform Commercial Code (“UCC” or “Code”)—gave their approval to the final text of the newest version of Article 9 (“Revised Article 9”) after eight years of studying, drafting, and the inevitable wrangling between consumer and credit representatives. In an effort to reduce the likelihood of national non-uniformity during the transition stage as each state moved from the old version to the new at its own legislative pace, the drafters included a provision making July 1, 2001 the effective date of Revised Article 9. The drafters hoped that on this date Revised Article 9 would become effective nationwide. That hope was, as a practical matter, realized as all but four states adopted the date.

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*  Professor of Law, University of Richmond School of Law. LL.M., Yale Law School; J.D., University of Miami School of Law; B.S., University of Pennsylvania. I would like to thank Blake Y. Boyette and the staff of the University of Richmond Law Review for their research and input.