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:
- Introduction, background and summary of the “2022 Amendments” as promulgated by the ULC and ALI, particularly their proposed effect on Money and Virtual Currency as collateral.
- New PEB Commentaries (24, 25, & 26), making a pending draft from 2021 “final” regarding choice-of-law rules, clarifying the necessity for attaching incorporated collateral descriptions in UCC1 filings, and reinforcing the policy of “no rights without remedies”.
- Clarification regarding the characterization of ARS Sections 33-361 and 33-362 as being excepted from Article 9 as landlord’s liens rather than included as agricultural liens.
- Other developments regarding use of Money and Virtual Currency as collateral, under current, un-amended Articles 1 and 9.
- A replacement of Form 17-47, Deposit Account Control Agreement (Alternate).
Douglas R. Chandler retired from active law practice in 2018. He most recently practiced in Phoenix as Douglas R. Chandler, Lawyer, PLC. Before that, he practiced at the Phoenix of̀ ce 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, ̀ nancing and development of commercial and residential projects and related infrastruc-ture. 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 trans- actions 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 ̀ nancial 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 from 1986 to 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