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PEB Commentary No. 22: Status of a Disposition under Section 9-610 of the Uniform Commercial Code if the Transferee Does Not Act in Good Faith 1 (August 24, 2020)

handle is hein.ali/alicc0360 and id is 1 raw text is: 




                            PEB  COMMENTARY NO. 22
      STATUS   OF A  DISPOSITION   UNDER SECTION 9-610 OF THE UNIFORM
  COMMERCIAL CODE IF THE TRANSFEREE DOES NOT ACT IN GOOD FAITH
                                  (August 24, 2020)

          By the Permanent Editorial Board for the Uniform Commercial Code*


PREFACE TO PEB COMMENTARY

The Permanent Editorial Board for the Uniform Commercial Code 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). In March 1987, the Permanent Editorial
Board  resolved to issue from time to time supplementary  commentary  on the Uniform
Commercial  Code to be known as PEB Commentary. These PEB  Commentaries seek to further
the underlying policies of the Uniform Commercial Code by affording guidance in interpreting
and resolving issues raised by the Uniform Commercial Code and/or the Official Comments. The
Resolution states that:

       A PEB  Commentary  should come within one or more of the following specific
       purposes, which should be made apparent at the inception of the Commentary:
       (1) to resolve an ambiguity in the Uniform Commercial Code 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 Uniform Commercial Code where the
       statute and/or the Official Comment leaves doubt as to inclusion or exclusion of,
       or application to, particular circumstances or transactions; (4) consistent with
       U.C.C. § 1-102(2)(b),t to apply the principles of the Uniform Commercial Code
       to new or changed circumstances; (5) to clarify or elaborate upon the operation of
       the Uniform  Commercial  Code  as it relates to other statutes (such as the
       Bankruptcy Code and various federal and state consumer protection statutes) and
       general principles of law and equity pursuant to U.C.C. § 1-103;1 or (6) to
       otherwise improve the operation of the Uniform Commercial Code.

For more information about the Permanent Editorial Board for the Uniform Commercial Code,
visit www.ali.ora or www.uniformlaws.org.









* © 2020 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws.
t Current U.C.C. § 1-103(a)(2).
$ Current U.C.C. § 1-103(b).

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