UCC 10-104

#1 02-18-2004, 09:47 PM

I have seen this referred to in financing statements.& However, I cannot find it.& While trying to look it up I found a site that said some stuff about deleted code.& So, does this mean that whatever 10-104 was has now been deleted?

Interesting thing that I learned while looking this up though is that if there is a conflict between deleted code and current code, the deleted code wins.& The site that I was on was referring to UCC.

Thanks,

Montana

suijuris · #2 02-18-2004, 10:02 PM

They are always moving things around to be sneaky...

Article 9 was recently revised, it is possible that the section referred to is now located in article 9.

I checked the code and there is a section 9-104, but no section 10-104. It is titled "CONTROL OF DEPOSIT ACCOUNT".

Hope this helps,
Sui Juris

#3 02-18-2004, 10:09 PM

I know, it's very weird.& At first I just thought that it was a typo on mine and I had better fix it. (I didn't write my own, it was done before I studied this stuff).& Then I looked at some examples that I have and they have the same UCC code in it.

At first I thought that it was 1-104 but then I noticed that that was in some of the right beside 10-104.& I'll figure it out eventually,&then I'll post it here.

Montana

#4 02-19-2004, 07:18 PM

UCC § 10-104.& Leases Subject to Other Statutes. &&(a) A lease, although subject to this division, is also subject to any applicable: * * * (1) Certificate of title statute of this state . . .& (2) Certificate of title statute of another jurisdiction . . . (3) . . .(b) In case of conflict between * * * this division, other than Section 10-105, subdivision (c) of Section 10-304, and subdivision (c) of Section 10-305, and a law referred to in subdivision (a), * * * that law controls. <?XML:NAMESPACE PREFIX = O /><O:P></O:P>
& <O:P></O:P>

#5 02-19-2004, 07:29 PM

Sampson,

Thanks for your reply.& I did find this early this morning.& My question now is, where the heck is Article 10 now???

Another thing I can't find is Public Law 73-10.

Whoever hides this stuff is evil.

Montana

goldphoenix · #6 02-21-2004, 08:32 PM

http://www.worldnewsstand.net/law/disturbing_news.htm

This talks like HJR 192 became Public Law 73-10? and these next two talk as if they are one and the same. If they are, HJR 192 is posted on this website, and is found on various other websites.

Here are some other links that mention P.L. 73-10

http://proliberty.com/observer/20030713.htm

http://www.babelmagazine.com/issue117/republic.html

This one lists P.L. 73-10 in 1933 which leads me to believe there were more issues wrapped up in this section, that is if P.L. stands for Public Law.

http://www.ncseonline.org/nle/crsrep...re/ag-60.cfm#1

http://www.sovereignliving.com/gloss...sary_h_01.html

http://www.worldnewsstand.net/law/UCC.htm

http://www.ou.edu/special/albertctr/...ry/Etres11.htm

http://www.federalobserver.com/archive.php?aid=6627

http://www.wealth4freedom.com/truth/...al_history.htm

http://usa-the-republic.com/items%20...20History.html

You may have already seen these various links during your studies, however, I figured it couldn't hurt to post them just in case you hadn't.

Peace,

goldphoenix

#7 02-21-2004, 10:10 PM

Delivery order means a written order to deliver goods delivered to a warehouseman, carrier or other person who in the ordinary course of business issues warehouse receipts or bills of lading. 7-102(1)(d)

For laws repealed by Article 7 (Uniform Bills of Lading Act, Uniform Warehouse Receipts Act, Uniform Sales Act) see Sec. 10-102(1) For laws not repealed by Article 7 see Sec. 10-104(1)

#8 02-21-2004, 10:59 PM

Goldphoenix,

Thanks for all of the links.& I will follow up on those right now.

James,

I am not following what you are saying.& I don't know if I missed something somewhere but I am unable to find any UCC that begins with 10.& I will look again now.

Thanks to both of you,

Sara-Jane

#9 02-25-2004, 01:06 PM

Hi all,

I've been wondering how 10-104 fits in to the scheme of things as well.& I am currently using an outside company to discharge some cc debt (did not know CTC even existed when I began this process!), but they use it in the following sentence: "I request you to waive all fees, fines, costs, and charges in accordence with Public Policy under HJR 192 of June 5 1933 and UCC 10-104..."

The only 10-104 I find is titled "Laws not Repealed" and states "[(1)] The Article on Documents of Title (Article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with berein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (Section 1-201). As amended in 1962 and 1994." There is also a comment following it.

Also, it is very important to look up the definition of document of title under UCC 1-201(15) to understand what&one can be - it may be rather enlightening!

I still don't fully grasp how it all fits together though. I'm trying to play around with it in my mind that the document of title (birth certificate?) loacted somewhere in the Dept. of Commerce (warehouse/bailee?) is used as some type of financing instrument/statement in the US Bankruptcy, with which I (human self) am not a party to. Am I correct in this guess?

Any help in figuring this out is greatly appreciated.

Sampson: The UCC you speak of must be your State's own adoption/creation and not applicable to residents outside your State.

Cheers.

-Squirrels

#10 02-28-2004, 09:50 AM

UCC 10-104 Laws Not Repealed.
[ (1) ] The Article on Documents of Title (Article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (Section 1-201).

Official Comment
This section subordinates the Article of this Act on Documents of Title (Article 7) to the more specialized regulations of particular classes of bailees under other legislation and international treaties.

Particularly, the provisions of that Article are superseded by applicable inconsistent provisions regarding the obligation of carriers and the limitation of their liability found in federal legislation dealing with transportation by water (including the Harter Act, act of February 13, 1893, 27 Stat. 445, and the Carriage of Goods by Sea act, Act of April 16, 1936, 49 Stat. 1207); the Warsaw Convention on International Air Transportation, 49 Stat. 3000, and Section 20 (11) of the Interstate Commerce Act, Act of February 20, 1887, 24 Stat. 386, as amended. The Documents of Title provisions of this Act supplement such legislation largely in matters other than obligations of the bailee, e.g., form and effects of negotiation, procedure in the case of lost documents, effect of overissue, possibility of rapid transmission. Cross Reference: Section 7-103.

http://www.union.edu/PUBLIC/ECODEPT/...interstate.htm