UCC Discuss topics relating to the UCC, such as negotiable instruments, collection, etc.


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  #1  
Old 09-12-2004, 03:15 AM
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SKYGZR SKYGZR is offline
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Copy/Paste**Begin**



Folks,

I have copied and pasted the information for you so you can see if you are really located in United States. Legal terms are not always the same as what you think they are. After reading this will you still answer the question are you a citizen of United States with a yes?



Scroll down to (h)!



By the way the UCC is a code that is used throughout the world.This wasI found in New Jersey Statutes 12A. Every state has there own.



A search of the Internal Revenue laws has never found any of the UCC (Uniform Commercial Code).



UPDATED THROUGH P.L. 2004, c.127.)

TITLE 12A COMMERCIAL TRANSACTIONS

12A:9-307 Location of debtor.



12A:9-307 Location of debtor.



12A:9-307. Location of Debtor.



(a)"Place of business." In this section, "place of business" means a place where a debtor conducts its affairs.



(b)Debtor's location: general rules. Except as otherwise provided in this section, the following rules determine a debtor's location:



(1)A debtor who is an individual is located at the individual's principal residence.



(2)A debtor that is an organization and has only one place of business is located at its place of business.



(3)A debtor that is an organization and has more than one place of business is located at its chief executive office.



(c)Limitation of applicability of subsection (b). Subsection (b) applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) does not apply, the debtor is located in the District of Columbia.



(d)Continuation of location: cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c).



(e)Location of registered organization organized under state law. A registered organization that is organized under the law of a state is located in that state.



(f)Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i), a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:



(1)in the state that the law of the United States designates, if the law designates a state of location;



(2)in the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location; or



(3)in the District of Columbia, if neither paragraph (1) nor paragraph (2) applies.



(g)Continuation of location: change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) notwithstanding:



(1)the suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization; or



(2)the dissolution, winding up, or cancellation of the existence of the registered organization.



(h)Location of United States. The United States is located in the District of Columbia.



(i)Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.



(j)Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended (49 U.S.C. s.1301 et seq.), is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.



(k)Section applies only to this part. This section applies only for purposes of this part.



Amended 2001, c.386, s.23.



12A:9-308 When security interest or agricultural lien is perfected; continuity of perfection.



12A:9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection.



(a)Perfection of security interest. Except as otherwise provided in this section and 12A:9-309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in 12A:9-310 through 12A:9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.



(b)Perfection of agricultural lien. An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in 12A:9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.



(c)Continuous perfection; perfection by different methods. A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this chapter and is later perfected by another method under this chapter, without an intermediate period when it was unperfected.



(d)Supporting obligation. Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.



(e)Lien securing right to payment. Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.



(f)Security entitlement carried in securities account. Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.



(g)Commodity contract carried in commodity account. Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.



Amended 2001, c.386, s.24.



12A:9-309 Security interest perfected upon attachment.



12A:9-309. Security Interest Perfected upon Attachment.



The following security interests are perfected when they attach:



(1)a purchase-money security interest in consumer goods, except as otherwise provided in 12A:9-311 (b) with respect to consumer goods that are subject to a statute or treaty described in 12A:9-311(a);



(2)an assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles;



(3)a sale of a payment intangible;



(4)a sale of a promissory note;



(5)a security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;



(6)a security interest arising under 12A:2-401, 12A:2-505, 12A:2-711(3), 12A:2A-508(5), until the debtor obtains possession of the collateral;



(7)security interest of a collecting bank arising under 12A:4-210;



(8)a security interest of an issuer or nominated person arising under 12A:5-118;



(9)a security interest arising in the delivery of a financial asset under 12A:9-206 (c);



(10) a security interest in investment property created by a broker or securities intermediary;



(11) a security interest in a commodity contract or a commodity account created by a commodity intermediary;



(12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and



(13) A security interest created by an assignment of a beneficial interest in a decedent's estate.



Amended 2001, c.386, s.25.

************************************************** ********

(h) Location of United States. The United States is located in the District of Columbia.



[end excerpt]



RIGHT! And the federal UCC is federal MUNICIPAL law:



http://www.supremelaw.org/ref/ucc/77stat/



It says "District of Columbia" in so many words.



This UCC was never codified in the U.S. Code

specifically because it is federal municipal law.



http://www4.law.cornell.edu/uscode/4/ch3.html

************************************************** *********

**END Copy/Paste***



This is why one should never "cite" any "UCC1-207/308..etc" associated with any scribed signature upon any document when proclaiming "All Rights Reserved / Without Prejudice" The listing of any reference to UCC-xxx, draws one into the Matrix of Jurisdiction, Subjication and Slavery. One may wish to instead "cite" specifics of their own states UCC relation, leaving out any association with regards to the "Federal Zone"
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Old 09-12-2004, 04:23 AM
TheBlackTruth TheBlackTruth is offline
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<font color=darkblue face="tahoma">Here are the applicable Code Cites in the California Commercial Code:



CCC 9102(76)



"State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States.



CCC 9307(h)

The United States is located in the District of Columbia.[/color]
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Old 09-13-2004, 01:12 AM
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SKYGZR, BT & All,



The UCC need not be used at all... and it would be better if it isn't, when reserving rights. I will repeat myself until everyone "gets it" -- all you need do is write:



<font size=3>"All Rights Rerserved"




before placing your signature on any document.



That is enough. No more, no less. It is accomplished with those three words.



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Old 09-13-2004, 01:54 AM
TheBlackTruth TheBlackTruth is offline
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Yes. i agree



and ironically, the UCC says the same thing:



(1) A party who 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 sufficient.





-BT
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Old 09-13-2004, 11:33 PM
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Hey BlackTruth, what city are you in? I am in Castro Valley, california, just rightoutside of Oakland. I think if you are not to far away, we might need to hook up and copmpare notes.

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