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Dissenting Statement Pertaining to the Name of an Individual Debtor on a Financing Statement — Appendix to Report on the Amendments to Article 9 of the Uniform Commercial Code

84 PA. B. ASSN. Q. 176-82 (2013)

7 Pages Posted: 4 Apr 2013 Last revised: 24 Oct 2013

Amelia H. Boss

Temple University - James E. Beasley School of Law

Kenneth C. Kettering

Visiting Professor at Large

Date Written: July 8, 2011

Abstract

The 2010 amendments to Article 9 of the Uniform Commercial Code will become effective in most states in 2013. The major change effected by the amendments relates to the name to be shown on a financing statement when the debtor is an individual. The national drafting committee could not agree on a single solution and left states to choose between an “Alternative A” and “Alternative B.” The committee of the Pennsylvania Bar Association that prepared the bill to enact the 2010 amendments in Pennsylvania voted narrowly in favor of Alternative A. Two of the dissenters wrote the following statement, which explains why Alternative A is a mistake.

Keywords: Uniform Commercial Code, Article 9, secured transactions, name

Suggested Citation

Boss, Amelia H. and Kettering, Kenneth C., Dissenting Statement Pertaining to the Name of an Individual Debtor on a Financing Statement — Appendix to Report on the Amendments to Article 9 of the Uniform Commercial Code (July 8, 2011). 84 PA. B. ASSN. Q. 176-82 (2013). Available at SSRN: https://ssrn.com/abstract=2243922 or http://dx.doi.org/10.2139/ssrn.2243922

Amelia H. Boss

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8947 (Phone)
215-204-1185 (Fax)

Kenneth C. Kettering (Contact Author)

Visiting Professor at Large ( email )

14 Midhurst Road
Short Hills, NJ 07078
United States

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