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A stock certificate, as distinct from a dematerialized interest in a security. The ownership of securities is governed by Article 8 of the Uniform Commercial Code (UCC). This Article 8, a text of about 30 pages, [22] underwent important recasting in 1994.
UCC Article 9 replaced a wildly diverse array of security devices that had evolved in the various states during the 19th and early 20th centuries, in response to the reluctance of U.S. courts to enforce general nonpossessory security interests as either against public policy or because they were perceived as fraudulent conveyances. [2]
The result was Article 9 of the Uniform Commercial Code (UCC), which regulates security interests in personal property (as opposed to real property) and establishes a unified concept of a security interest as a right in a debtor's property that secures payment or performance of an obligation. [41]
A security interest can be created by contracts, liens created by statutes, and liens created by judicial acts. [9] UCC §9-203(b) requires three things to create a security interest in the United States: possession of the collateral or an authenticated security agreement with a description of the collateral, value of the collateral, and
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After three years of study, debate and drafting, the 2022 Amendments to the Uniform Commercial Code incorporate the newly created Article 12 of the UCC which adapts existing law to digital assets.
Personal property can often be secured with a similar kind of device, variously called a chattel mortgage, a trust receipt, or a security interest. In the United States, Article 9 of the Uniform Commercial Code governs the creation and enforcement of security interests in most (but not all) types of personal property.
If the security agreement is for a purchase money security interest in consumer goods, perfection is automatic. Otherwise, the lender must record either the agreement itself, or a UCC-1 financing statement , in an appropriate public venue (usually the state secretary of state or a state business commission under that person's authority).