382-A:1-307 Prima Facie Evidence by Third-party Documents. – A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of […]
382-A:1-308 Performance or Acceptance Under Reservation of Rights. – (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are […]
382-A:1-309 Option to Accelerate at Will. – A term providing that one party or that party’s successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only […]
382-A:1-310 Subordinated Obligations. – An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as […]
[RSA 382-A:12-101 effective January 1, 2023.] 382-A:12-101 Short Title. – This article may be cited as Uniform Commercial Code-Controllable Electronic Records. Source. 2022, 281:81, eff. Jan. 1, 2023.
[RSA 382-A:12-102 effective January 1, 2023.] 382-A:12-102 Definitions. – (a) Article 12 definitions. In this article: (1) " Controllable electronic record " means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account, a controllable payment intangible, a deposit account, […]
[RSA 382-A:12-103 effective January 1, 2023.] 382-A:12-103 Relationship to Article 9 and Consumer Laws. – (a) Article 9 governs in case of conflict. If there is conflict between this article and Article 9, Article 9 governs. (b) Applicable consumer law and other laws. A transaction subject to this article is subject to any applicable […]
[RSA 382-A:12-104 effective January 1, 2023.] 382-A:12-104 Rights in Controllable Account, Controllable Electronic Record, and Controllable Payment Intangible. – (a) Applicability of section to controllable account and controllable payment intangible. This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits of […]
[RSA 382-A:12-105 effective January 1, 2023.] 382-A:12-105 Control of Controllable Electronic Record. – (a) General rule: control of controllable electronic record. A person has control of a controllable electronic record if: (1) the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record […]
[RSA 382-A:12-106 effective January 1, 2023.] 382-A:12-106 Discharge of Account Debtor on Controllable Account or Controllable Payment Intangible. – (a) Discharge of account debtor. An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying: (1) the person having control of the controllable electronic record that evidences the […]
[RSA 382-A:12-107 effective January 1, 2023.] 382-A:12-107 Governing Law. – (a) Governing law: general rule. Except as provided in subsection (b), the local law of a controllable electronic record’s jurisdiction governs a matter covered by this article. (b) Governing law: Section 12-106. The local law of the controllable electronic record’s jurisdiction for a controllable […]
[RSA 382-A:13-301 effective January 1, 2023.] 382-A:13-301 Savings Clause. – (a) Pre-effective-date transactions, liens, or interests. Except as otherwise provided in this part, Article 9 and Article 12 apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before the effective […]
[RSA 382-A:13-302 effective January 1, 2023.] 382-A:13-302 Security Interest Perfected Before Effective Date. – (a) Continuing perfection: perfection requirements satisfied. A security interest that is enforceable and perfected immediately before the effective date of this Article is a perfected security interest under this Article if, on the effective date of this Article, the applicable […]
[RSA 382-A:13-303 effective January 1, 2023.] 382-A:13-303 Security Interest Unperfected Before Effective Date. – A security interest that is enforceable immediately before the effective date of this Article but which would be unperfected at that time: (1) remains an enforceable security interest until January 1, 2025; (2) remains enforceable thereafter if the security interest […]
[RSA 382-A:13-304 effective January 1, 2023.] 382-A:13-304 Effectiveness of Actions Taken Before Effective Date. – (a) Pre-effective-date action; attachment and perfection before adjustment date. If action, other than the filing of a financing statement, is taken before the effective date of this Article and the action would have resulted in perfection of the security […]
[RSA 382-A:13-305 effective January 1, 2023.] 382-A:13-305 Priority. – (a) Determination of priority. Subject to subsections (b) and (c), this Article determines the priority of conflicting claims to collateral. (b) Established priorities. Subject to subsection (c), if the relative priorities of claims to collateral were established before the effective date of this Article, Article […]
[RSA 382-A:13-306 effective January 1, 2023.] 382-A:13-306 Priority of Claims When Priority Rules of Article 9 Do Not Apply. – (a) Determination of priority. Subject to subsections (b) and (c), Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9 do not apply. (b) Established […]
382-A:2-101 Short Title. – This Article shall be known and may be cited as Uniform Commercial Code-Sales. Source. 1959, 247:1, eff. July 1, 1961.
[RSA 382-A:2-102 effective until January 1, 2023; see also RSA 382-A:2-102 set out below.] 382-A:2-102 Scope; Certain Security and Other Transactions Excluded From This Article. – Unless the context otherwise requires, this Article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract […]
382-A:2-103 Definitions and Index of Definitions. – (1) In this Article unless the context otherwise requires (a) "Buyer" means a person who buys or contracts to buy goods. (b) [Repealed.] (c) "Receipt" of goods means taking physical possession of them. (d) "Seller" means a person who sells or contracts to sell goods. (2) Other […]
