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PEB Report: Application of UCC Sections 9-406 and 9-408 to Transfers of Interests in Unincorporated Business Organizations 1 (December 16, 2022)

handle is hein.ali/alicc0378 and id is 1 raw text is: 




               REPORT OF THE PERMANENT EDITORIAL BOARD
                                     FOR  THE
                         UNIFORM COMMERCIAL CODE*

              APPLICATION OF UCC SECTIONS 9-406 AND 9-408 TO
                          TRANSFERS OF INTERESTS IN
                 UNINCORPORATED BUSINESS ORGANIZATIONS
                                 (December 16, 2022)


Preface

The Permanent Editorial Board for the Uniform Commercial Code (PEB) acts under the authority
of the American Law Institute and the Uniform Law Commission (also known as the National
Conference of Commissioners  on Uniform  State Laws). The  PEB  has resolved to issue
supplemental commentary on the Uniform Commercial  Code (UCC)  from time to time. The
supplemental commentary of the PEB  generally will be known as a PEB Commentary,  to
distinguish it from the Official Comments to the UCC. A PEB Commentary may be denominated
a commentary, a report, or otherwise as determined by the PEB.

The Resolution states that:

   The underlying purposes and policies of the PEB Commentary are those specified in
   Section 1-103(a). A PEB Commentary should come within one or more of the following
   specific purposes, which should be made apparent at the beginning of the Commentary: (1)
   to resolve an ambiguity in the UCC by restating more clearly what the PEB considers to
   be the legal rule; (2) to state a preferred resolution of an issue on which judicial opinion or
   scholarly writing diverges; (3) to elaborate on the application of the UCC where the statute
   and/or the Official Comment leaves doubt as to the inclusion or exclusion of, or application
   to, particular circumstances or transactions; (4) consistent with Section 1-103(a)(2), to
   apply the principles of the UCC to new or changed circumstances; (5) to clarify or elaborate
   upon the operation of the UCC as it relates to other statutes (such as the Bankruptcy Code
   and federal and state consumer protection statutes) and general principles of law and equity
   pursuant to Section 1-103(b); or (6) to otherwise improve the operation of the UCC.

For more information about the Permanent Editorial Board for the Uniform Commercial Code,
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   * © 2022 by The American Law Institute and the National Conference of Commissioners on Uniform State
Laws.

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