Article 1 (2001)
Article 1 (2001) Articles 2 & 2A (2003) Articles 3 & 4 (2002) Article 7 (2003) Article 9 (1999)

 

 

As of July 1, 2011, Revised Article 1 was in effect in forty states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin.

With many state legislatures occupied with more pressing issues of the moment, 2009 yielded only three new enactments (Alaska, Maine, and Oregon), 2010 two more (Mississippi and Wisconsin), and 2011 only one (Ohio).  Revised Article 1 bills are ostensibly pending in the District of Columbia and Massachusetts; but neither appears to be going anywhere this year.

State legislatures continue to grapple with the definition of "good faith," although the uniform  R1-201(b)(20) definition has the clear upper hand.  Of the forty states whose versions of Revised Article 1 took effect on or before July 1, 2011, twenty-nine adopted the uniform definition ("honesty in fact and the observance of reasonable commercial standards of fair dealing"), while eleven retained the pre-revised definition that requires only "honesty in fact," with no requirement of commercial reasonableness except for merchants buying, selling, or leasing goods.

As Revised Article 1 continues to wend its way through the states, I will 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 August 15, 2011)

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Copyright 2002 William S. Boyd School of Law, UNLV
Last modified: August 13, 2009