What is the Uniform Commercial Code (UCC)?

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Created in 1952, the Uniform Commercial Code (UCC) consists of uniform acts coordinating the sale of goods and other commercial transactions throughout the 50 United States. The Uniform Commercial Code is the oldest and most intricate uniform act established by the National Conference of Commissioners on Uniform State Laws (NCCUSL). All 50 states, with the exception of Louisiana, have adopted the Uniform Commercial Code. Louisiana has opted not to include Article 2, which specifies regulations for the sale of goods in place of its own civil law.

Because it was created by a private institution, the Uniform Commercial Code is not a law unless it is enacted by a state. Its goal is to simplify commercial transactions. Parties forming a contract can omit parts of the code, as well as make addenda.

The Uniform Commercial Code also seeks to make commercial paper transactions, such as the processing of checks, less complex. It distinguishes between merchants, who know their business well, and consumers, who do not. Overall, the code’s objective is to eliminate the need for lawyers in the aspects of commercial trade it governs. The topics specifically addressed in the 11 articles of the Uniform Commercial code include sale of goods, bank instruments, negotiable instruments, letters of credit, bills of receipts, bulk transfers, investment securities, and secured transactions.

The Uniform Commercial Code, although the most well-known, is one of several uniform acts promoted by the National Conference of Commissioners on Uniform State Laws, established in 1892. Some other examples of uniform acts include the Uniform Child Custody Jurisdiction Action and the Uniform Foreign Money Claims Act. The NCCUSL consists of lawyers and professionals, appointed by states and territories, who discuss which laws should be uniform across the country. The purpose of the American Law Institute, established in 1923, is to clarify American common law according to changing social needs.

ALI and NCCUSL are both responsible for maintaining and revising the Uniform Commercial Code. The Uniform Computer Information Transaction Act (UCITA) was an attempt by the NCCUSL to improve Article 2 of the UCC; however, ALI failed to agree to this inclusion. As a result, only Virginia and Maryland adopted the UCITA because it was not formally included into the UCC. ALI and NCCUSL have also established an editorial board that provides official comments and papers that aid in the legal interpretations of the code.

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New: Discuss this Article

Posted by: anon3545
As you refer to the 11 articles, does the Uniform Commercial Code apply to a promissory note since it is a negotiable instrument (if executed in any state that enacted them) between you and U.S. Departments such as Dept of Ed regarding student loans? U.S. Department would have to state in the promissory note that it was exempt or stamp it with exclusions like non-negotiable. U.S. Departments aren't carte blanch exempt from U.C.C. are they by claiming U.C.C. only covers commercial transactions between merchants? If they are executed within your state, they would be regulated by them and all codes apply, correct?

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