Arizona Secured Transactions Under Article 9 of the Uniform Commercial Code: Forms and Practice Manual
Prominent Arizona attorney Douglas R. Chandler has drawn from his extensive experience to bring you a new edition of this practical, easy-to-use book, containing a comprehensive collection of all the current rules of Article 9, along with extensive commentaries on how they affect the forms and procedures used in Arizona today.
Important features and changes in the most recent update include:
- Further updates and reference material regarding the Hague Securities Convention and “securities held by an intermediary” (Sections 1.6 and 7.10, plus new Appendix G, the Official Comments issued with PEB Commentary No. 19).
- Citations to new PEB Commentary No. 20 regarding consignments and to recent court decisions and critical commentary on the same, dealing with some of the same topics addressed in that Commentary (Section 2.1.4).
- Additional reference to a collection of state filing office rules (Section 5.20).
- Adding further discussion regarding “Virtual Currency” (VC) and new or additional reference materials regarding VC, including state and federal regulatory developments or proposals (Section 7.18).
- Updates as to potential and intended effects of ULI/PEB changes proposed in 2018 to UCC 9-406 and 9-408, regarding application of “pick-your-partner-principle[s]” to the same, together with updated court citations and further reference materials applicable to both 9-406 and 9-408 in various other contexts (Sections 10.2, 10.2.1, 10.2.2 and 10.2.3).
- Updates and additional references to on-line resources and published commentary on Article 9 (Sections 16.1 and 16.2).
- Four new inter-related “Template” documents (that follow the three Template Security Agreements in the 2018 Annual Supplement): Template for Promissory Note (Form 17-104A), Template for Guaranty Agreement (Form 17-105A), Template for General Purpose Loan Agreement (Form 17-106A), and Template for Deed of Trust, etc. (Form 17-107A).
Douglas R. Chandler essentially retired from active law practice as of 2016. He most recently practiced in Phoenix as Douglas R. Chandler, Lawyer, PLC. Before that, he practiced at the Phoenix office of Sherman & Howard, at its predecessor, Mohr Hackett Pederson Blakely & Randolph, PC, and for over 34 years at Lewis and Roca LLP. His practice emphasized real estate and commercial transactions, including both real property and personal property foreclosures and workouts as well as sales and purchases of all varieties of real estate, leasing, financing and development of commercial and residential projects and related infrastructure. He served as a consultant and expert witness in both professional liability cases and in lawsuits involving questions of both real estate law and secured transactions customary practices, and on behalf of both plaintiffs and defendants. He has particular experience in “third-party opinion practice,” real estate and asset based secured lending, foreclosures and workouts, and operations and regulation of financial enterprises and institutions. He has been a member of State Bar of Arizona committees or subcommittees dealing with the extensive 1984 revisions to the deed of trust laws, the creation of the Arizona Condominium Act, and the preparation of the 1989 report entitled Rendering of Legal Opinions in Business Transactions, and in the writing of its successor report entitled First Amended and Restated Report of the State Bar of Arizona Business Law Section Committee on Rendering Legal Opinions in Business Transactions, dated October 20, 2004 (available through the State Bar of Arizona, Business Law Section, website at http://myazbar.org). He served as Council member and Secretary/Treasurer of the Real Property Section of the State Bar of Arizona, 1986–1989. He is a graduate of the University of San Francisco, B.A., where he was elected to Alpha Sigma Nu, the national Jesuit honorary society, and the University of Michigan Law School, J.D., where he was an Administrative Editor of the Michigan Law Review.
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SUMMARY TABLE OF CONTENTS
Chapter 1: Applicable Law
Chapter 2: Overview and Definitions
Chapter 3: Creating a Security Interest—Attachment—Making the Secured Party's Rights Enforceable Against the Debtor
Chapter 4: Perfection
Chapter 5: Financing Statement Mechanics
Chapter 6: Prevailing Against Others
Chapter 7: Particular Types of Collateral
Chapter 8: Proceeds
Chapter 9: Changes after Closing
Chapter 10: Third Parties—Account Debtors
Chapter 11: Enforcement
Chapter 12: Secured Party's Obligations
Chapter 13: Penalties Against Secured Parties
Chapter 14: Arizona Variations in, Additions to, or "Peccadilloes" in Article 9
Chapter 15: Opinion Letters and Article 9 Secured Transactions
Chapter 16: Selected UCC and Article 9 Resources, Commentary and Case Reference Sources
Chapter 17: Forms
Appendices
Indices
