As of January 1, 2009, Revised Article 1 was in effect in thirty-four states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, and West Virginia.

With only five enactments, 2008 saw the least legislative activity on Revised Article 1 since 2004, when only four states enacted it.  The recent promulgation of a substitute § 1-301, a stumbling block for many state legislatures, may grease the skids for additional enactments in 2009 and beyond.  On the other hand, state legislatures continue to grapple with the definition of "good faith."  Of the 34 enacting states, 23 have adopted the uniform § 1-201(b)(20) definition, while 11 have retained the pre-revised definition that imposes a different good faith standard on merchants and non-merchants.

Because Revised Article 1 continues to wend its way through the states, I continue to update the information contained in my article, The Often Imitated, But Not Yet Duplicated, Revised Uniform Commercial Code Article 1, 38 UCC L.J. 195 (2006).  The link below will take you to the most recent iteration:

The Often Imitated, But (Still) Not Yet Duplicated, Revised UCC Article 1 (.pdf document) (updated April 10, 2009)

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Last modified: January 13, 2007