D.C. Code § 28-4805.02 — DC Code / Title 28 / Chapter 48 / § 28-4805.02
§ 28-4805.02. Disbursements from principal.
Status: in_force

(a) A trustee shall make the following disbursements from principal:
  (1) The remaining one-half of the disbursements described in § 28-4805.01(1) and (2);
  (2) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale;
  (3) Payments on the principal of a trust debt;
  (4) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;
  (5) Premiums paid on a policy of insurance not described in § 28-4805.01(4) of which the trust is the owner and beneficiary;
  (6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and
  (7) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
D.C. Code § 28-2107 — DC Code / Title 28 / Chapter 21 / § 28-2107
§ 28-2107. Preferences prohibited.
Status: in_force

A provision in a voluntary assignment made for the payment of one debt or liability in preference to another is void, and all debts and liabilities within the provisions of the assignment shall be paid pro rata from the assets. This section does not affect the priority of liens and incumbrances created bona fide and existing before the execution of the assignment.
D.C. Code § 28:7-507 — DC Code / Title 28 / Chapter  / § 28:7-507
§ 28:7-507. Warranties on negotiation or delivery of document of title.
Status: in_force

If a person negotiates or delivers a document of title for value, other than as a mere intermediary under § 28:7-508 , unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:
(1) The document is genuine;
(2) The transferor does not have knowledge of any fact that would impair the document’s validity or worth; and
(3) The negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
D.C. Code § 28:8-404 — DC Code / Title 28 / Chapter  / § 28:8-404
§ 28:8-404. Wrongful registration.
Status: in_force

(a) Except as otherwise provided in § 28:8-406 , an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it, and the transfer was registered:
  (1) Pursuant to an ineffective indorsement or instruction;
  (2) After a demand that the issuer not register transfer became effective under § 28:8-403(a) and the issuer did not comply with § 28:8-403(b) ;
  (3) After the issuer had been served with an injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or
  (4) By an issuer acting in collusion with the wrongdoer.
(b) An issuer that is liable for wrongful registration of transfer under subsection (a) of this section on demand shall provide the person entitled to the security with a like certificated or uncertificated security, and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer’s liability to provide the person with a like security is governed by § 28:8-210 .
(c) Except as otherwise provided in subsection (a) of this section or in a law relating to the collection of taxes, an issuer is not liable to an owner or other person suffering loss as a result of the registration of a transfer of a security if registration was made pursuant to an effective indorsement or instruction.
D.C. Code § 28-3871 — DC Code / Title 28 / Chapter 38 / § 28-3871
§ 28-3871. Public health emergency credit alert.
Status: in_force

(a) (1) If a consumer reports in good faith that the consumer has experienced financial hardship resulting directly or indirectly from a public health emergency declared pursuant to § 7-2304.01 , a credit reporting agency maintaining a file on the consumer shall accept and include in that file a personal statement furnished by the consumer indicating that the consumer has been financially impacted by the public health emergency.
  (2) A credit reporting agency shall provide that personal statement, along with any credit report provided by the agency, beginning on the date the credit reporting agency receives the personal statement, unless the consumer requests that the personal statement be removed.
(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies.
(c) (1) No user of a credit report shall consider adverse information in a report that was the result of an action or inaction of a consumer that occurred during, and was directly or indirectly the result of, a public health emergency declared pursuant to § 7-2304.01 , if:
    (A) The credit report includes a personal statement pursuant to subsection (a) of this section; or
    (B) The consumer provides a written statement to the user of a credit report that indicates in good faith that the consumer has experienced financial hardship resulting directly or indirectly from the public health emergency declared pursuant to § 7-2304.01 , before the user of the credit report makes a determination.
  (2) If the consumer receives a denial or rejection by the user of a credit report due to adverse information that was the result of an action or inaction of a consumer that occurred during, and was directly or indirectly the result of, the public health emergency declared pursuant to § 7-2304.01 , the user must inform the consumer of the consumer's right to provide a written statement pursuant to paragraph (1) of this subsection.
(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 1681j, the entity providing the credit report must notify the resident of the right to request that a personal statement accompany the credit report as set forth in subsection (a) of this section.
(e) If a credit reporting agency willfully fails to comply with any requirement imposed under this section, the affected consumer may bring a civil action against the agency in the Superior Court for the District of Columbia to recover:
  (1) Any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000;
  (2) Such amount of punitive damages as the court may allow; and
  (3) In the case of any successful action brought under this subsection, the costs of the action together with reasonable attorney's fees as determined by the court.
(f) (1) The Attorney General may petition the Superior Court of the District of Columbia to obtain temporary or permanent injunctive relief prohibiting the use of a method, practice, or act that violates this section and requiring the violator to take affirmative action, including the restitution of money.
  (2) In addition, in an action under this subsection, the Attorney General may recover:
    (A) A civil penalty not to exceed $1,000 for each violation of this section; and
    (B) Reasonable attorney's fees and costs of the action.
(g) The following terms shall have the same meaning as set forth in § 28-3861 :
  (1) Consumer;
  (2) Credit report; and
  (3) Credit reporting agency.
(h) This section shall not be construed in a manner inconsistent with the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1127; 15 U.S.C. § 1681 et seq. ), or any other federal law or regulation.
D.C. Code § 28:2A-303 — DC Code / Title 28 / Chapter  / § 28:2A-303
§ 28:2A-303. Alienability of party’s interest under lease contract or of lessor’s residual interest in goods; delegation of performance; transfer of rights.
Status: in_force

(a) As used in this section, the term “creation of a security interest” includes the sale of a lease contract that is subject to § 28:9-109(a)(3) .
(b) Except as provided in subsection (c) of this section and § 28:9-407 , a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor’s residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (d), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.
(c) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor’s due performance of the transferor’s entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (d).
(d) Subject to subsection (c) and § 28:9-407 :
  (1) If a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in § 28:2A-501(2) ;
  (2) If paragraph (1) is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (i) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer, and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer.
(e) A transfer of “the lease” or of “all my rights under the lease”, or a transfer in similar general terms, is a transfer of rights and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract.
(f) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default.
(g) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous.
D.C. Code § 28:9-330 — DC Code / Title 28 / Chapter  / § 28:9-330
§ 28:9-330. Priority of purchaser of chattel paper or instrument.
Status: in_force

(a) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if:
  (1) in good faith and in the ordinary course of the purchaser's business, the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper, and obtains control under § 28:9-105 of each authoritative electronic copy of the record evidencing the chattel paper; and
  (2) the authoritative copies of the record evidencing the chattel paper do not indicate that the chattel paper has been assigned to an identified assignee other than the purchaser.
(b) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value, takes possession of each authoritative tangible copy of the record evidencing the chattel paper, and obtains control under § 28:9-105 of each authoritative electronic copy of the record evidencing the chattel paper in good faith, in the ordinary course of the purchaser's business, and without knowledge that the purchase violates the rights of the secured party.
(c) Except as otherwise provided in § 28:9-327 , a purchaser having priority in chattel paper under subsection (a) or (b) also has priority in proceeds of the chattel paper to the extent that:
  (1) § 28:9-322 provides for priority in the proceeds; or
  (2) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.
(d) Except as otherwise provided in § 28:9-331(a) , a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
(e) For purposes of subsections (a) and (b), the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
(f) For purposes of subsections (b) and (d) of this section, if the authoritative copies of the record evidencing chattel paper or an instrument indicate that the chattel paper or instrument has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party.
D.C. Code § 28:4A-402 — DC Code / Title 28 / Chapter  / § 28:4A-402
§ 28:4A-402. Obligation of sender to pay receiving bank.
Status: in_force

(a) This section is subject to §§ 28:4A-205 and 28:4A-207 .
(b) With respect to a payment order issued to the beneficiary’s bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.
(c) This subsection is subject to subsection (e) of this section and to § 28:4A-303 . With respect to a payment order issued to a receiving bank other than the beneficiary’s bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender’s order. Payment by the sender is not due until the execution date of the sender’s order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary’s bank of a payment order instructing payment to the beneficiary of that sender’s payment order.
(d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in §§ 28:4A-204 and 28:4A-304 , interest is payable on the refundable amount from the date of payment.
(e) If a funds transfer is not completed as stated in subsection (c) of this section and an intermediary bank is obliged to refund payment as stated in subsection (d) of this section but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in § 28:4A-302(a)(1) , to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d) of this section.
(f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) of this section or to receive refund under subsection (d) of this section may not be varied by agreement.
D.C. Code § 28:9-621 — DC Code / Title 28 / Chapter  / § 28:9-621
§ 28:9-621. Notification of proposal to accept collateral.
Status: in_force

(a) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:
  (1) Any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim of an interest in the collateral;
  (2) Any other secured party or lienholder that, 10 days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
    (A) Identified the collateral;
    (B) Was indexed under the debtor’s name as of that date; and
    (C) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and
  (3) Any other secured party that, 10 days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 28:9-311(a) .
(b) A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a).
D.C. Code § 28:12-207 — DC Code / Title 28 / Chapter  / § 28:12-207
§ 28:12-207. Priority of claims when priority rules of Article 9 do not apply.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9 as amended by the 2024 Act do not apply.
(b) Subject to subsection (c) of this section, when the priority rules of Article 9 as amended by the 2024 Act do not apply and the priorities of claims to Article 12 property were established before April 20, 2024, law other than Article 12 determines priority.
(c) When the priority rules of Article 9 as amended by the 2024 Act do not apply, to the extent the priorities determined by the 2024 Act modify the priorities established before April 20, 2024, the priorities of claims to Article 12 property established before April 20, 2024 cease to apply on the adjustment date.
D.C. Code § 28:3-309 — DC Code / Title 28 / Chapter  / § 28:3-309
§ 28:3-309. Enforcement of lost, destroyed, or stolen instrument.
Status: in_force

(a) A person not in possession of an instrument is entitled to enforce the instrument if:
  (1) The person seeking to enforce the instrument:
    (A) Was entitled to enforce the instrument when loss of possession occurred; or
    (B) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
  (2) The loss of possession was not the result of a transfer by the person or a lawful seizure; and
  (3) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(b) A person seeking enforcement of an instrument under subsection (a) of this section must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, section 28:3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
D.C. Code § 28:9-514 — DC Code / Title 28 / Chapter  / § 28:9-514
§ 28:9-514. Assignment of powers of secured party of record.
Status: in_force

(a) Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
(b) Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
  (1) Identifies, by its file number, the initial financing statement to which it relates;
  (2) Provides the name of the assignor; and
  (3) Provides the name and mailing address of the assignee.
(c) An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under § 28:9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of the District other than Subtitle I of Title 28 .
D.C. Code § 28-5403 — DC Code / Title 28 / Chapter 54 / § 28-5403
§ 28-5403. Civil penalties.
Status: in_force

Failure to comply with the requirements of this chapter shall be an unlawful trade practice under § 28-3904 .
D.C. Code § 28-4521 — DC Code / Title 28 / Chapter 45A / § 28-4521
§ 28-4521. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Cash and carry” means the purchaser is responsible for the transportation of a purchased article or product to the purchaser’s designated destination.
(2) “Cigarettes” means any size or shaped roll for smoking that is made of tobacco or tobacco mixed with another ingredient and wrapped in paper or in any other material except tobacco. The term “cigarettes” does not include cigars.
(3) “Cost” means the invoice or replacement cost, whichever is lower, of cigarettes to the retailer or wholesaler, plus:
  (A) The cost of doing business by the retailer or wholesaler; or
  (B) In the absence of proof of the cost of doing business, a markup of 2% on the total of the invoice or replacement cost, and the face value of any applicable excise taxes, shall be prima facie proof of the cost of doing business with regard to cigarettes being sold at wholesale; and
  (C) In the absence of proof of the cost of doing business, a markup of 8% on the total of the invoice or replacement cost shall be prima facie proof of the cost of doing business with regard to cigarettes being sold at retail. With regard to any determination of the cost of cigarettes to a wholesaler or retailer, the surtax imposed by § 47-2402 shall not be considered in determining the cost of the articles or products.
With regard to any determination of the cost of cigarettes to a wholesaler or retailer, a fractional part of a cent equal to 1/10 of 1% or more shall be rounded off to the next higher cent. Except as provided in § 28-4522, discounts granted for cash payments or electronic fund transfers shall not be used to reduce cost determinations.
Notwithstanding § 28-4522, articles or products given gratis or payments made to a retailer or wholesaler for display, advertising, or promotion purposes shall not be considered in determining the cost of the articles or products.
(4) “Retailer” means any person engaged in the business of making retail sales of cigarettes within the District of Columbia at a store, stand, booth, or concession, through vending machines, or otherwise. If the person is engaged in the business of making both retail and wholesale sales of cigarettes, the term applies only to the retail sales of cigarettes portion of the business.
(5) “Wholesaler” means a person who purchases cigarettes directly from a manufacturer. The term “wholesaler” includes a person, who as a subwholesaler, purchases cigarettes from another wholesaler solely for the purpose of bona fide resale to retailers other than those directly or indirectly owned, affiliated, or controlled by him, and services the retailers by maintaining an established place of business for the sale of cigarettes, including warehouse facilities, adequate inventory, proper accounting records, and necessary equipment and vehicles for the storage and distribution of cigarettes.
D.C. Code § 28:8-107 — DC Code / Title 28 / Chapter  / § 28:8-107
§ 28:8-107. Whether indorsement, instruction, or entitlement order is effective.
Status: in_force

(a) For the purposes of this article, the term “appropriate person” means:
  (1) With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;
  (2) With respect to an instruction, the registered owner of an uncertificated security;
  (3) With respect to an entitlement order, the entitlement holder;
  (4) If the person designated in paragraph (1), (2), or (3) of this subsection is deceased, the designated person’s successor taking under other law or the designated person’s personal representative acting for the estate of the decedent; or
  (5) If the person designated in paragraph (1), (2), or (3) of this subsection lacks capacity, the designated person’s guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset.
(b) An indorsement, instruction, or entitlement order is effective if:
  (1) It is made by the appropriate person;
  (2) It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under § 28:8-106(c)(2) or (d)(2); or
  (3) The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.
(c) An indorsement, instruction, or entitlement order made by a representative is effective even if:
  (1) The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or
  (2) The representative’s action in making the indorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.
(d) If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction, or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.
(e) Effectiveness of an indorsement, instruction, or entitlement order is determined as of the date the indorsement, instruction, or entitlement order is made, and an indorsement, instruction, or entitlement order does not become ineffective by reason of any later change of circumstances.
D.C. Code § 28:9-509 — DC Code / Title 28 / Chapter  / § 28:9-509
§ 28:9-509. Persons entitled to file a record.
Status: in_force

(a) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
  (1) The debtor authorizes the filing in a signed record or pursuant to subsection (b) or (c) of this section; or
  (2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b) By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
  (1) The collateral described in the security agreement; and
  (2) Property that becomes collateral under § 28:9-315(a)(2) , whether or not the security agreement expressly covers proceeds.
(c) By acquiring collateral in which a security interest or agricultural lien continues under § 28:9-315(a)(1) , a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under § 28:9-315(a)(2) .
(d) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
  (1) The secured party of record authorizes the filing; or
  (2) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by § 28:9-513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(e) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).
D.C. Code § 28:4-406 — DC Code / Title 28 / Chapter  / § 28:4-406
§ 28:4-406. Customer’s duty to discover and report unauthorized signature or alteration.
Status: in_force

(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account or items pursuant to subsection (a) of this section, the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because of an alteration of an item or because a purported signature by or on behalf of the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts.
(d) If the bank proves that the customer failed, with respect to an item, to comply with the duties imposed on the customer by subsection (c) of this section, the customer is precluded from asserting against the bank:
  (1) The customer’s unauthorized signature or any alteration on the item, if the bank also proves that it suffered a loss by reason of the failure; and
  (2) The customer’s unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank.
(e) If subsection (d) of this section applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (c) of this section and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) of this section does not apply.
(f) Without regard to care or lack of care of either the customer or the bank, a customer who does not within one year after the statement or items are made available to the customer (subsection (a) of this section) discover and report the customer’s unauthorized signature on or any alteration on the item is precluded from asserting against the bank the unauthorized signature or alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under section 28:4-208 with respect to the unauthorized signature or alteration to which the preclusion applies.
D.C. Code § 28:5-117 — DC Code / Title 28 / Chapter  / § 28:5-117
§ 28:5-117. Subrogation of issuer, applicant, and nominated person.
Status: in_force

(a) An issuer that honors a beneficiary’s presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this section.
(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:
  (1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;
  (2) The beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and
  (3) The applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
D.C. Code § 28:8-208 — DC Code / Title 28 / Chapter  / § 28:8-208
§ 28:8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.
Status: in_force

(a) A person signing a security certificate as authenticating trustee, registrar, transfer agent, or the like, warrants to a purchaser for value of the certificated security, if the purchaser is without notice of a particular defect, that:
  (1) The certificate is genuine;
  (2) The person’s own participation in the issue of the security is within the person’s capacity and within the scope of the authority received by the person from the issuer; and
  (3) The person has reasonable grounds to believe that the certificated security is in the form and within the amount the issuer is authorized to issue.
(b) Unless otherwise agreed, a person signing under subsection (a) of this section does not assume responsibility for the validity of the security in other respects.
D.C. Code § 28-3852 — DC Code / Title 28 / Chapter 38 / § 28-3852
§ 28-3852. Notification of security breach.
Status: in_force

(a) Any person or entity who conducts business in the District of Columbia, and who, in the course of such business, owns or licenses computerized or other electronic data that includes personal information, and who discovers a breach of the security of the system, shall promptly notify any District of Columbia resident whose personal information was included in the breach. The notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (d) of this section, and with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(a-1) The notification required under subsection (a) of this section shall include:
  (1) To the extent possible, a description of the categories of information that were, or are reasonably believed to have been, acquired by an unauthorized person, including the elements of personal information that were, or are reasonably believed to have been, acquired;
  (2) Contact information for the person or entity making the notification, including the business address, telephone number, and toll-free telephone number if one is maintained;
  (3) The toll-free telephone numbers and addresses for the major consumer reporting agencies, including a statement notifying the resident of the right to obtain a security freeze free of charge pursuant to 15 U.S.C. § 1681c-1 and information how a resident may request a security freeze; and
  (4) The toll-free telephone numbers, addresses, and website addresses for the following entities, including a statement that an individual can obtain information from these sources about steps to take to avoid identity theft:
    (A) The Federal Trade Commission; and
    (B) The Office of the Attorney General for the District of Columbia.
(a-2) Notwithstanding subsection (a-1) of this section, in the case of a breach of the security of the system that only involves personal information as defined in § 28-3851(3)(A)(ii) , the person or entity may comply with this section by providing the notification in electronic format or other form that directs the person to change the person's password and security question or answer, as applicable, or to take other steps appropriate to protect the e-mail account with the person or entity and all other online accounts for which the person whose personal information has been breached uses the same username or email address and password or security question or answer.
(b) Any person or entity who maintains, handles, or otherwise possesses computerized or other electronic data that includes personal information that the person or entity does not own shall notify the owner or licensee of the information of any breach of the security of the system in the most expedient time possible following discovery.
(b-1) In addition to giving the notification required under subsection (a) of this section, and subject to subsection (d) of this section, the person or entity required to give notice shall promptly provide written notice of the breach of the security of the system to the Office of the Attorney General for the District of Columbia if the breach affects 50 or more District residents.  This notice shall be made in the most expedient manner possible, without unreasonable delay, and in no event later than when notice is provided under subsection (a) of this section.  The written notice shall include:
  (1) The name and contact information of the person or entity reporting the breach;
  (2) The name and contact information of the person or entity that experienced the breach;
  (3) The nature of the breach of the security of the system, including the name of the person or entity that experienced the breach;
  (4) The types of personal information compromised by the breach;
  (5) The number of District residents affected by the breach;
  (6) The cause of the breach, including the relationship between the person or entity that experienced the breach and the person responsible for the breach, if known;
  (7) The remedial action taken by the person or entity to include steps taken to assist District residents affected by the breach;
  (8) The date and time frame of the breach, if known;
  (9) The address and location of corporate headquarters, if outside of the District;
  (10) Any knowledge of foreign country involvement; and
  (11) A sample of the notice to be provided to District residents.
(b-2) The notice required under subsection (b-1) of this section shall not be delayed on the grounds that the total number of District residents affected by the breach has not yet been ascertained.
(c) If any person or entity is required by subsection (a) or (b) of this section to notify more than 1,000 persons of a breach of security pursuant to this subsection, the person shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by section 603(p) of the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1128; 15 U.S.C. § 1681a(p)), of the timing, distribution and content of the notices. Nothing in this subsection shall be construed to require the person to provide to the consumer reporting agency the names or other personal identifying information of breach notice recipients. This subsection shall not apply to a person or entity who is required to notify consumer reporting agencies of a breach pursuant to Title V of the Gramm-Leach-Bliley Act, approved November 12, 1999 (113 Stat. 1436; 15 U.S.C. § 6801 et seq[.]).
(d) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation but shall be made as soon as possible after the law enforcement agency determines that the notification will not compromise the investigation.
(e) [Repealed].
(f) A waiver of any provision of this subchapter shall be void and unenforceable.
(g) A person or entity that maintains procedures for a breach notification system under Title V of the Gramm-Leach-Bliley Act, approved November 12, 1999 (113 Stat. 1436; 15 U.S.C. § 6801 et seq. ), or the breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), or the Health Information Technology for Economic and Clinical Health Act, approved February 17, 2009 (Pub. L. No. 111-5; 123 Stat. 226), and provides notice in accordance with such Acts, and any rules, regulations, guidance and guidelines thereto, to each affected resident in the event of a breach, shall be deemed to be in compliance with this section with respect to the notification of residents whose personal information is included in the breach.  The person or entity shall, in all cases, provide written notice of the breach of the security of the system to the Office of the Attorney General for the District of Columbia as required under subsection (b-1) of this section.
D.C. Code § 28:8-401 — DC Code / Title 28 / Chapter  / § 28:8-401
§ 28:8-401. Duty of issuer to register transfer.
Status: in_force

(a) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if:
  (1) Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name;
  (2) The indorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;
  (3) Reasonable assurance is given that the indorsement or instruction is genuine and authorized ( § 28:8-402 );
  (4) Any applicable law relating to the collection of taxes has been complied with;
  (5) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with § 28:8-204 ;
  (6) A demand that the issuer not register transfer has not become effective under § 28:8-403 , or the issuer has complied with § 28:8-403(b) but no legal process or indemnity bond is obtained as provided in § 28:8-403(d) ; and
  (7) The transfer is in fact rightful or is to a protected purchaser.
(b) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person’s principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer.
D.C. Code § 28-3311 — DC Code / Title 28 / Chapter 33 / § 28-3311
§ 28-3311. Definition of interest.
Status: in_force

(a) For the purposes of this chapter, the word “interest” means any compensation directly or indirectly imposed by a lender for the extension of credit for the use or forbearance of money, including any loan fee, origination fee, service and carrying charge, investigator’s fee, and any amount payable as a discount under section 28-3301(e)(1), or point, or otherwise payable for services. The following charges shall not be considered interest:
  (1) fees and charges collected at the direction of and actually paid to a government or governmental agency;
  (2) a service charge for investigation and continued servicing of collateral for a commercial loan secured by inventory or accounts receivable and any compensating balance accounts required by a lender for a commercial loan;
  (3) reasonable charges by the lender’s attorney or other agent for service rendered in connection with collateral appraisals and the preparation, closing, or disbursement of the loan, but only if the charges are an actual expense of the lender;
  (4) premiums for credit life, accident, health, or loss-of-income insurance, but only if the insurance coverage is in fact not required by the lender and this fact is clearly and conspicuously disclosed; that the borrower signs or initials an affirmative written request for the insurance after receiving the disclosures specified in this paragraph; and that the terms of and premiums for the insurance coverage are disclosed;
  (5) premiums for insurance against loss of or damage to the property, or against liability arising out of the ownership or use of the property, but only if the lender does not in fact require that the insurance be purchased through a particular broker, agent or insurance company; that the insurance coverage may be obtained from a broker, agent or insurance company of borrower’s choice, subject to approval by the lender, and this fact is clearly and conspicuously disclosed; and that if the insurance coverage is obtained from or through the lender, the term of and premiums for the insurance coverage are clearly and conspicuously disclosed;
  (6) a service charge made by a broker or dealer dealing in investment securities if money is advanced on the security of pledged investment securities and if services are rendered in the collection, crediting, and disbursement of income on the investment securities and in the furnishing of income tax and other information in connection with that income;
  (7) reasonable charges for investigation and reporting in regard to the credit rating or credit history of the borrower, but only if such charges are an actual expense of the lender; and
  (8) advance payments of real estate taxes or casualty insurance premiums made in accordance with section 28-3301(f)(2).
(b) The rate of interest on any loan or financial transaction shall be calculated in compliance with the provisions of the Truth-in-Lending Act, as heretofore and hereafter amended, effective May 29, 1968 (82 Stat. 146; 15 U.S.C. 1601 et seq.), and the regulations and interpretations thereunder.
D.C. Code § 28-3804 — DC Code / Title 28 / Chapter 38 / § 28-3804
§ 28-3804. Assignment of earnings and authorization to confess judgment prohibited.
Status: in_force

(a) A creditor may not take an assignment of earnings of the consumer for payment or as security for payment of an obligation arising out of a consumer credit sale or direct installment loan.
(b) A creditor may not take or accept from the consumer a warrant or power of attorney or other authorization for the creditor, or other person acting on his behalf, to confess judgment arising out of a consumer credit sale or direct installment loan.
(c) An assignment of earnings or an authorization in violation of this section is subject to the provisions of section 28-3813(d)(1) of this subtitle.
D.C. Code § 28:3-118 — DC Code / Title 28 / Chapter  / § 28:3-118
§ 28:3-118. Statute of limitations.
Status: in_force

(a) Except as provided in subsection (e) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note, or, if a due date is accelerated, within 6 years after the accelerated due date.
(b) Except as provided in subsection (d) or (e) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.
(c) Except as provided in subsection (d) of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.
(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller’s check, cashier’s check, or traveler’s check must be commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be.
(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within 6 years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the 6-year period begins when a demand for payment is in effect and the due date has passed.
(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within 6 years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within 6 years after the date of the acceptance if the obligation of the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within 3 years after the cause of action accrues.
D.C. Code § 28-3861 — DC Code / Title 28 / Chapter 38 / § 28-3861
§ 28-3861. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Consumer” means an individual who resides in the District of Columbia.
(2) "Credit report" means any written, oral, or other communication of any information by a credit reporting agency bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
  (A) Credit or insurance to be used primarily for personal, family, or household purposes;
  (B) Employment purposes; or
  (C) Any other purpose authorized under the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1127; 15 U.S.C. § 1681 et seq .).
(3) “Credit reporting agency” means any person who, for consideration, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of maintaining consumers’ credit information for the purpose of furnishing the information to third parties.
(4) “Proper identification” means information generally considered sufficient to identify a person. Additional information concerning the consumer’s employment and personal or family history shall not be included within the term “proper identification” unless the consumer is unable to reasonably identify himself or herself with other information generally considered sufficient.
(5) “Security freeze” or “freeze” means a restriction, at the request of the consumer and subject to certain exceptions, that prohibits the credit reporting agency from releasing all or any part of a credit report or any information derived from it without the express authorization of the consumer.
D.C. Code § 28-5103 — DC Code / Title 28 / Chapter 51 / § 28-5103
§ 28-5103. Trust property.
Status: in_force

(a) If a work of fine art is trust property under § 28-5102 when initially received by the art dealer, it shall remain trust property, notwithstanding the subsequent purchase of the work of fine art by the art dealer, directly or indirectly, for the art dealer’s own account until the purchase price is paid in full to the artist.
(b) If the art dealer sells a work of fine art which is trust property under § 28-5102 when initially received by a bona fide third party before the artist has been paid in full, the work of fine art shall cease to be trust property and the proceeds of the sale shall be held in trust by the art dealer for the benefit of the artist to the extent necessary to pay any balance due to the artist. The trust of the proceeds of the sale shall continue until the artist is paid in full.
D.C. Code § 28:3-107 — DC Code / Title 28 / Chapter  / § 28:3-107
§ 28:3-107. Instrument payable in foreign money.
Status: in_force

Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
D.C. Code § 28-2503 — DC Code / Title 28 / Chapter 25 / § 28-2503
§ 28-2503. Action on bond to United States — Interest by private person.
Status: in_force

When a bond is executed to the United States by a fiduciary or public officer, conditioned for the performance of certain duties, in the performance of which private persons are interested, a person aggrieved by a breach of the condition may maintain an action thereon in his own name against the obligor and his sureties to recover damages for the injury suffered by him in consequence of the breach. The custodian of the bond shall furnish a certified copy thereof to the party for that purpose on payment of the legal fees therefor.
D.C. Code § 28-5201 — DC Code / Title 28 / Chapter 52 / § 28-5201
§ 28-5201. Short title.
Status: in_force

This chapter may be cited as the “Unit Pricing Requirement Act of 2012”.
D.C. Code § 28:2-702 — DC Code / Title 28 / Chapter  / § 28:2-702
§ 28:2-702. Seller’s remedies on discovery of buyer’s insolvency.
Status: in_force

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this article (section 28:2-705).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this subsection, the seller may not base a right to reclaim goods on the buyer’s fraudulent or innocent misrepresentation of solvency or of intent to pay.
(3) The seller’s right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this article (section 28:2-403). Successful reclamation of goods excludes all other remedies with respect to them.
D.C. Code § 28:9-335 — DC Code / Title 28 / Chapter  / § 28:9-335
§ 28:9-335. Accessions.
Status: in_force

(a) A security interest may be created in an accession and continues in collateral that becomes an accession.
(b) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.
(c) Except as otherwise provided in subsection (d), the other provisions of this part determine the priority of a security interest in an accession.
(d) A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under § 28:9-311(b) .
(e) After default, subject to Part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.
(f) A secured party that removes an accession from other goods under subsection (e) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
D.C. Code § 28-2105 — DC Code / Title 28 / Chapter 21 / § 28-2105
§ 28-2105. Nonperformance by assignee — Trustee.
Status: in_force

If an assignee named in an assignment for the benefit of creditors fails or refuses to comply with any of the requirements of sections 28-2103   and 28-2104  , a judge of the court having probate jurisdiction may, on the application of the assignor or a creditor interested in the assignment, remove the assignee and appoint a trustee in his place to execute the trusts created by the assignment, who shall give bond as the court may require. And the court may accept the resignation of an assignee or trustee, and in case of his resignation, death, or removal from the District, appoint a trustee in his place. The court, for cause shown, on the application of an interested person, may remove an assignee or trustee and appoint a trustee in his place, and make and enforce all orders necessary to put the newly appointed trustee in possession of all property covered by the assignment. Upon the death of an assignee or trustee the court may require his executor or administrator to settle his account and to deliver over to his successor all property belonging to the trust, in default of which the successor may bring suit upon the bond of the deceased assignee or trustee or upon the bond of the executor or administrator, accordingly as the assignee or trustee, executor or administrator is the party in default.
D.C. Code § 28-4708 — DC Code / Title 28 / Chapter 47 / § 28-4708
§ 28-4708. Reviewing compliance.
Status: repealed

Repealed.
D.C. Code § 28:3-302 — DC Code / Title 28 / Chapter  / § 28:3-302
§ 28:3-302. Holder in due course.
Status: in_force

(a) Subject to subsection (c) of this section and section 28:3-106(d), “holder in due course” means the holder of an instrument if:
  (1) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
  (2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in section 28:3-306, and (vi) without notice that any party has a defense or claim in recoupment described in section 28:3-305(a).
(b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a) of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.
(c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or (iii) as the successor in interest to an estate or other organization.
(d) If, under section 28:3-303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.
(e) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.
(f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.
(g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.
D.C. Code § 28:2A-308 — DC Code / Title 28 / Chapter  / § 28:2A-308
§ 28:2A-308. Special rights of creditors.
Status: in_force

(a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
(b) Nothing in this article impairs the rights of creditors of a lessor if the lease contract (i) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and (ii) is made under circumstances which under any statute or rule of law apart from this article would constitute the transaction a fraudulent transfer or voidable preference.
(c) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
D.C. Code § 28:2-105 — DC Code / Title 28 / Chapter  / § 28:2-105
§ 28:2-105. Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit”.
Status: in_force

(1) “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section 28:2-107).
(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.
(3) There may be a sale of a part interest in existing identified goods.
(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.
(5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.
(6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.
D.C. Code § 28-4203 — DC Code / Title 28 / Chapter 42 / § 28-4203
§ 28-4203. Penalty.
Status: in_force

A civil fine, penalty, or fee may be imposed as a sanction for an infraction of the provisions of this act [chapter], or any rule promulgated pursuant to this act, in accordance with Chapter 18 of Title 2 .
D.C. Code § 28-4034 — DC Code / Title 28 / Chapter 40A / § 28-4034
§ 28-4034. Legal action.
Status: in_force

(a) In addition to any other remedies otherwise available to a consumer, a consumer who suffers loss as a result of any violation of this chapter may bring an action to recover damages. The court shall award a consumer who prevails in an action twice the amount of any pecuniary loss, costs, reasonable attorneys’ fees, and any equitable relief that the court determines is appropriate.
(b) The remedies under this chapter shall be cumulative and not exclusive and shall be in addition to any other legal or equitable remedies otherwise available to the consumer.
D.C. Code § 28:8-508 — DC Code / Title 28 / Chapter  / § 28:8-508
§ 28:8-508. Duty of securities intermediary to change entitlement holder’s position to other form of security holding.
Status: in_force

A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:
(1) The securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary; or
(2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
D.C. Code § 28:9-525 — DC Code / Title 28 / Chapter  / § 28:9-525
§ 28:9-525. Fees.
Status: in_force

(a) The Chief Financial Officer shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2 , setting fees for filing and indexing initial financing statements and for other services rendered under this part.
(b) The rules promulgated under subsection (a) shall set a basic fee for filing and indexing an initial filing statement in cases in which the record is communicated electronically or by another nonwritten medium authorized by filing-office rule. If the record is communicated in writing and consists of one or 2 pages, the fee shall be 2 times the basic fee. If the record is in writing and consists of more than 2 pages, the fee shall be 4 times the basic fee.
(c) The number of names required to be indexed does not affect the amount of the fee in subsection (b).
(d) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 28:9-502(c) . However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
D.C. Code § 28-3505 — DC Code / Title 28 / Chapter 35 / § 28-3505
§ 28-3505. New promise or acknowledgement of debt incurred during infancy.
Status: in_force

An action may not be maintained to charge a person upon an acknowledgment of, or promise to pay, a debt contracted during infancy, made after full age, except for necessaries, unless the acknowledgement or promise is in writing signed by the party to be charged therewith. This section does not affect ratification by conduct.
D.C. Code § 28:2A-108 — DC Code / Title 28 / Chapter  / § 28:2A-108
§ 28:2A-108. Unconscionability.
Status: in_force

(a) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(c) Before making a finding of unconscionability under subsection (a) or (b) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.
(d) In an action in which the lessee claims unconscionability with respect to a consumer lease:
  (1) If the court finds unconscionability under subsection (a) or (b) of this section, the court shall award reasonable attorney’s fees to the lessee.
  (2) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney’s fees to the party against whom the claim is made.
  (3) In determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsections (a) and (b) of this section is not controlling.
D.C. Code § 28:9-505 — DC Code / Title 28 / Chapter  / § 28:9-505
§ 28:9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.
Status: in_force

(a) A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in § 28:9-311(a) , using the terms “consignor”, “consignee”, “lessor”, “lessee”, “bailor”, “bailee”, “licensor”, “licensee”, “owner”, “registered owner”, “buyer”, “seller”, or words of similar import, instead of the terms “secured party”, and “debtor”.
(b) This part applies to the filing of a financing statement under subsection (a) and, as appropriate, to compliance that is equivalent to filing a financing statement under § 28:9-311(b) , but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
D.C. Code § 28-5208 — DC Code / Title 28 / Chapter 52 / § 28-5208
§ 28-5208. Uniformity.
Status: in_force

(a) If different brands or package sizes of the same consumer commodity are expressed in more than one unit of measure, the retail establishment shall unit price the items consistently.
(b) When metric units appear on the consumer commodity in addition to other units of measure, the retail establishment may include both units of measure on any stamps, tags, labels, signs, or lists.
D.C. Code § 28:9-506 — DC Code / Title 28 / Chapter  / § 28:9-506
§ 28:9-506. Effect of errors or omissions.
Status: in_force

(a) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
(b) Except as otherwise provided in subsection (c), a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 28:9-503(a) is seriously misleading.
(c) If a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 28:9-503(a) , the name provided does not make the financing statement seriously misleading.
(d) For purposes of § 28:9-508(b) , the “debtor’s correct name” in subsection (c) means the correct name of the new debtor.
D.C. Code § 28-4511 — DC Code / Title 28 / Chapter 45 / § 28-4511
§ 28-4511. Limitations on actions.
Status: in_force

(a) An action under section 28-4506 to recover a criminal penalty is barred if the action is not commenced within four (4) years after the commission of an act constituting in whole or in part the offense or wrongful action charged.
(b) An action under section 28-4507 or 28-4508 to recover damages is barred if the action is not commenced within four (4) years after the cause of action accrues, or within one (1) year after the conclusion of any timely action brought by the District of Columbia under section 28-4506, based in whole or in part on any matter complained of in the action for damages under section 28-4507 or 28-4508, whichever is later.
D.C. Code § 28:2-319 — DC Code / Title 28 / Chapter  / § 28:2-319
§ 28:2-319. F.O.B. and F.A.S. terms.
Status: in_force

(1) Unless otherwise agreed the term F.O.B. (which means “free on board”) at a named place, even though used only in connection with the stated price, is a delivery term under which
  (a) when the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this article (section 28:2-504) and bear the expense and risk of putting them into the possession of the carrier; or
  (b) when the term is F.O.B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this article (section 28:2-503);
  (c) when under either (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this article on the form of bill of lading (section 28:2-323).
(2) Unless otherwise agreed the term F.A.S. vessel (which means “free alongside”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must
  (a) at his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and
  (b) obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.
(3) Unless otherwise agreed in any case falling within subsection (1) (a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this article (section 28:2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.
(4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
D.C. Code § 28:4A-206 — DC Code / Title 28 / Chapter  / § 28:4A-206
§ 28:4A-206. Transmission of payment order through funds-transfer or other communication system.
Status: in_force

(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the Federal Reserve Banks.
(b) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
D.C. Code § 28:2A-403 — DC Code / Title 28 / Chapter  / § 28:2A-403
§ 28:2A-403. Retraction of anticipatory repudiation.
Status: in_force

(a) Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party’s position or otherwise indicated that the aggrieved party considers the repudiation final.
(b) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under § 28:2A-401 .
(c) Retraction reinstates a repudiating party’s rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
D.C. Code § 28:12-102 — DC Code / Title 28 / Chapter  / § 28:12-102
§ 28:12-102. Definitions.
Status: in_force

(a) For the purposes of this article , the term:
  (1) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under § 28:12-105 . The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.
  (2) "Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
  (3) "Transferable record" has the meaning provided for that term in:
    (A) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7021(a)(1); or
    (B) § 28-4915(a) .
  (4) "Value" has the meaning provided in § 28:3-303(a) , as if references in that section to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.
(b) The definitions in § 28:9-102 of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", "electronic money", and "investment property" apply to this article .
(c) Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article .
D.C. Code § 28-4804.02 — DC Code / Title 28 / Chapter 48 / § 28-4804.02
§ 28-4804.02. Distribution from trust or estate.
Status: in_force

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, § 28-4804.01 or § 28-4804.15 applies to a receipt from the trust.
D.C. Code § 28-3812 — DC Code / Title 28 / Chapter 38 / § 28-3812
§ 28-3812. Limitation on creditors’ remedies.
Status: in_force

(a) This section applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, and direct installment loans (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by Chapter 36 of Title 28 , District of Columbia Official Code); and, in addition, to extortionate extensions of credit.
(b) (1) During the thirty-day period after a default consisting of a failure to pay money the creditor may not because of the default (A) accelerate the unpaid balance of the obligation, (B) bring action against the debtor, or (C) proceed against the collateral.
  (2) Unless the creditor has first (A) notified the debtor that he has elected to accelerate the unpaid balance of the obligation because of default, (B) brought action against the debtor, or (C) proceeded against the collateral, the debtor may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure restores the debtor to his rights under the agreement as though the defaults cured had not occurred.
  (3) Posting of any notice required by law shall be deemed valid if mailed by certified mail to the debtor’s last known address.
(c) (1) The debtor may redeem the collateral from the creditor at any time —
    (A) within fifteen days of the creditor’s taking possession of the collateral, or
    (B) thereafter until the creditor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral in satisfaction of the debtor’s obligation pursuant to the provisions on disposition of collateral in section 9-505 of subtitle I of Title 28 , District of Columbia Official Code.
  (2) The debtor may redeem the collateral by tendering fulfillment of all obligations secured by the collateral including reasonable expenses incurred in realizing on the security interest.
(d) Subject to the provisions in this part, the parties may agree that the creditor has the right to take possession of the collateral on default. In taking possession, a secured party may proceed without judicial process if this can be done without breach of the peace and with consent of the debtor. Those who take the collateral through repossession shall be deemed the agent of the creditor, and the creditor shall be civilly liable for any of the actions of its agents.
(e) (1) This subsection applies to consumer credit sales of goods or services and to direct installment loans served by interests in goods.
  (2) A creditor may not maintain a proceeding for a deficiency unless he has disposed of the goods in good faith and in a commercially reasonable manner.
  (3) If the creditor repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest, the consumer is not personally liable to the creditor for the unpaid balance of debt arising from the sale of a commercial unit of goods of which the cash price was $2,000 or less. In that case the creditor is not obligated to resell the collateral unless the consumer has paid 60% or more of the cash price and has not signed after default a statement renouncing his rights in the collateral.
  (4) If the creditor takes possession or voluntarily accepts surrender of goods which were not the subject of the sale but in which he has a security interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was $2,000 or less, the debtor is not personally liable to the creditor for the unpaid balance of the debt arising from the sale and the creditor’s duty to dispose of the collateral is governed by the provisions on disposition of collateral in section 9-505 of Subtitle I of Title 28 , District of Columbia Official Code.
  (5) If the creditor takes possession or voluntarily accepts surrender of goods in which he has a security interest to secure a debt arising from a direct installment loan and the net proceeds of the loan paid to or for the benefit of the debtor are $2,000 or less, the consumer is not personally liable to the lender for the unpaid balance of the debt arising from the loan and the lender’s duty to dispose of the collateral is governed by the provisions on disposition of collateral in section 9-505 of Subtitle I of Title 28 , District of Columbia Official Code.
  (6) The consumer shall be liable in damages to the creditor if the debtor has wrongfully damaged the collateral or if, after default and demand, the debtor has wrongfully failed to make collateral available to the creditor.
  (7) If the creditor elects to bring an action against the buyer for a debt arising from a consumer credit sale of goods or services, when under this section he would not be entitled to a deficiency judgment if he repossessed the collateral, and obtains judgment —
    (A) he may not repossess the collateral, and
    (B) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
(f) (1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.
  (2) If it is shown that an extension of credit was made at an annual rate exceeding 45% and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under paragraph (1) of this subsection.
(g) (1) With respect to a consumer credit sale, or direct installment loan, if the court as a matter of law finds —
    (A) the agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement, or
    (B) any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or may enforce the remainder of the agreement without the unconscionable clause, or may so limit the application of any unconscionable clause as to avoid any unconscionable result.
  (2) If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
  (3) For the purpose of this section, a charge or practice expressly permitted by this section is not in and of itself unconscionable in the absence of other practices and circumstances.
D.C. Code § 28:9-608 — DC Code / Title 28 / Chapter  / § 28:9-608
§ 28:9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
Status: in_force

(a) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
  (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under this section in the following order to:
    (A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by the secured party;
    (B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and
    (C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives  demand for proceeds before distribution of the proceeds is completed.
  (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder’s demand under paragraph (1)(C) of this subsection.
  (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under this section unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
  (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
(b) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
D.C. Code § 28:6-101 — DC Code / Title 28 / Chapter  / § 28:6-101
§ 28:6-101. Short title.
Status: repealed

Repealed.
D.C. Code § 28:2A-405 — DC Code / Title 28 / Chapter  / § 28:2A-405
§ 28:2A-405. Excused performance.
Status: in_force

Subject to § 28:2A-404 on substituted performance, the following rules apply:
(1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (2) and (3) of this section is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
(2) If the causes mentioned in paragraph (1) of this section affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers, not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable.
(3) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (2) of this section, of the estimated quota thus made available for the lessee.
D.C. Code § 28-2901 — DC Code / Title 28 / Chapter 29 / § 28-2901
§ 28-2901. Definitions.
Status: in_force

In this chapter, unless the context otherwise requires:
(1) “assignment” includes a written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer;
(2) “claim of beneficial interest” includes a claim of any interest by a decedent’s legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of a similar interest, whether the claim is asserted by the claimant, or by a fiduciary, or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties;
(3) “corporation” means a private or public corporation, association, or trust issuing a security;
(4) “fiduciary” means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee;
(5) “person” includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or other legal or commercial entity;
(6) “security” includes a share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation;
(7) “transfer” means a change on the books of a corporation in the registered ownership of a security;
(8) “transfer agent” means a person employed or authorized by a corporation to transfer securities issued by the corporation.
D.C. Code § 28:4-215 — DC Code / Title 28 / Chapter  / § 28:4-215
§ 28:4-215. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.
Status: in_force

(a) An item is finally paid by a payor bank when the bank has first done any of the following:
  (1) Paid the item in cash;
  (2) Settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or
  (3) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank.
(d) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.
(e) Subject to (i) applicable law stating a time for availability of funds and (ii) any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer’s account becomes available for withdrawal as of right:
  (1) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; or
  (2) If the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank’s second banking day following receipt of the item.
(f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank’s next banking day after receipt of the deposit.
D.C. Code § 28:5-104 — DC Code / Title 28 / Chapter  / § 28:5-104
§ 28:5-104. Formal requirements.
Status: in_force

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a signed record.
D.C. Code § 28:9-313 — DC Code / Title 28 / Chapter  / § 28:9-313
§ 28:9-313. When possession by or delivery to secured party perfects security interest without filing.
Status: in_force

(a) Except as otherwise provided in subsection (b), a secured party may perfect a security interest in goods, instruments, negotiable tangible documents, or tangible money by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under § 28:8-301 .
(b) With respect to goods covered by a certificate of title issued by the District, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in § 28:9-316(d) .
(c) With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business, when:
  (1) The person in possession signs a record acknowledging that it holds possession of the collateral for the secured party’s benefit; or
  (2) The person takes possession of the collateral after having signed a record acknowledging that it will hold possession of the collateral for the secured party's benefit.
(d) If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs not earlier than the time the secured party takes possession and continues only while the secured party retains possession.
(e) A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under § 28:8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate.
(f) A person in possession of collateral is not required to acknowledge that it holds possession for a secured party’s benefit.
(g) If a person acknowledges that it holds possession for the secured party’s benefit:
  (1) The acknowledgment is effective under subsection (c) of this section or § 28:8-301(a) , even if the acknowledgment violates the rights of a debtor; and
  (2) Unless the person otherwise agrees or law other than this article otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
(h) A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
  (1) To hold possession of the collateral for the secured party’s benefit; or
  (2) To redeliver the collateral to the secured party.
(i) A secured party does not relinquish possession, even if a delivery under subsection (h) violates the rights of a debtor. A person to which collateral is delivered under subsection (h) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this article otherwise provides.
D.C. Code § 28-3805 — DC Code / Title 28 / Chapter 38 / § 28-3805
§ 28-3805. Debts secured by cross-collateral.
Status: in_force

(a) If debts arising from two or more consumer credit sales other than sales pursuant to a revolving charge account (section 28-3701), are secured by cross-collateral, or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid.
(b) Payment received by the seller upon a revolving charge are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(c) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
D.C. Code § 28-3108 — DC Code / Title 28 / Chapter 31 / § 28-3108
§ 28-3108. Defenses, liability, and protection of transferee.
Status: in_force

(a) A transfer or obligation is not voidable under section 28-3104(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 28-3107(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:
  (1) The first transferee of the asset or the person for whose benefit the transfer was made; or
  (2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(c) If the judgment under subsection (b) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
  (1) A lien on, or a right to retain, any interest in the asset transferred;
  (2) Enforcement of any obligation incurred; or
  (3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under section 28-3104(a)(2) or section 28-3105 if the transfer results from:
  (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
  (2) Enforcement of a security interest in compliance with sections 28:9-101 through 28:9-507.
(f) A transfer is not voidable under section 28-3105(b):
  (1) To the extent the insider gave new value to, or for the benefit of, the debtor after the transfer was made unless the new value was secured by a valid lien;
  (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
  (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
D.C. Code § 28:2-502 — DC Code / Title 28 / Chapter  / § 28:2-502
§ 28:2-502. Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency.
Status: in_force

(1) Subject to subsections (2) and (3) and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of § 28:2-501 may, on making and keeping good a tender of any unpaid portion of their price, recover them from the seller if:
  (a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or
  (b) in all cases, the seller becomes insolvent within 10 days after receipt of the first installment on their price.
(2) The buyer’s right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.
D.C. Code § 28:2-301 — DC Code / Title 28 / Chapter  / § 28:2-301
§ 28:2-301. General obligations of parties.
Status: in_force

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
D.C. Code § 28:4A-501 — DC Code / Title 28 / Chapter  / § 28:4A-501
§ 28:4A-501. Variation by agreement and effect of funds-transfer system rule.
Status: in_force

(a) Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.
(b) “Funds-transfer system rule” means a rule of an association of banks (i) governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or (ii) to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank, sends a payment order to the beneficiary’s bank. Except as otherwise provided in this article, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 28:4A-404(c) , 28:4A-405(d) , and 28:4A-507(c) .
D.C. Code § 28:8-307 — DC Code / Title 28 / Chapter  / § 28:8-307
§ 28:8-307. Purchaser’s right to requisites for registration of transfer.
Status: in_force

Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.
D.C. Code § 28:9-324 — DC Code / Title 28 / Chapter  / § 28:9-324
§ 28:9-324. Priority of purchase-money security interests.
Status: in_force

(a) Except as otherwise provided in subsection (g), a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in § 28:9-327 , a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.
(b) Subject to subsection (c) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in § 28:9-330 , and, except as otherwise provided in § 28:9-327 , also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:
  (1) The purchase-money security interest is perfected when the debtor receives  possession of the inventory;
  (2) The purchase-money secured party sends a signed notification to the holder of the conflicting security interest;
  (3) The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and
  (4) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.
(c) Subsections (b)(2) through (4) of this section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:
  (1) If the purchase-money security interest is perfected by filing, before the date of the filing; or
  (2) If the purchase-money security interest is temporarily perfected without filing or possession under § 28:9-312(f) , before the beginning of the 20-day period thereunder.
(d) Subject to subsection (e) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in § 28:9-327 , a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:
  (1) The purchase-money security interest is perfected when the debtor receives possession of the livestock;
  (2) The purchase-money secured party sends a signed notification to the holder of the conflicting security interest;
  (3) The holder of the conflicting security interest receives the notification within 6 months before the debtor receives possession of the livestock; and
  (4) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.
(e) Subsections (d)(2) through (4) of this section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:
  (1) If the purchase-money security interest is perfected by filing, before the date of the filing; or
  (2) If the purchase-money security interest is temporarily perfected without filing or possession under § 28:9-312(f) , before the beginning of the 20-day period thereunder.
(f) Except as otherwise provided in subsection (g), a perfected purchase-money  security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in § 28:9-327 , a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.
(g) If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d), or (f) of this section:
  (1) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and
  (2) In all other cases, § 28:9-322(a) applies to the qualifying security interests.
D.C. Code § 28:9-342 — DC Code / Title 28 / Chapter  / § 28:9-342
§ 28:9-342. Bank’s right to refuse to enter into or disclose existence of control agreement.
Status: in_force

This article does not require a bank to enter into an agreement of the kind described in § 28:9-104(a)(2) , even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
D.C. Code § 28-4711 — DC Code / Title 28 / Chapter 47 / § 28-4711
§ 28-4711. Uniformity of application and construction.
Status: repealed

Repealed.
D.C. Code § 28:2A-404 — DC Code / Title 28 / Chapter  / § 28:2A-404
§ 28:2A-404. Substituted performance.
Status: in_force

(a) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.
(b) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:
  (1) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
  (2) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee’s obligation unless the regulation is discriminatory, oppressive, or predatory.
D.C. Code § 28-2903 — DC Code / Title 28 / Chapter 29 / § 28-2903
§ 28-2903. Assignment by fiduciary.
Status: in_force

Except as otherwise provided by this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:
(1) may assume without inquiry that the assignment, even though to the fiduciary himself or his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;
(2) may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(3) is not charged with notice of and is not bound to obtain or examine any court record or recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
D.C. Code § 28:4-106 — DC Code / Title 28 / Chapter  / § 28:4-106
§ 28:4-106. Payable through or payable at bank; collecting bank.
Status: in_force

(a) If an item states that it is “payable through” a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(b) If an item states that it is “payable at” a bank identified in the item, the item is equivalent to a draft drawn on the bank.
(c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.
D.C. Code § 28-5101 — DC Code / Title 28 / Chapter 51 / § 28-5101
§ 28-5101. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Art dealer” means a person engaged in the business of selling works of fine art other than a person exclusively engaged in the business of selling goods at public auction.
(2) “Artist” means the creator of a work of fine art.
(3) “On consignment” means delivered to an art dealer for the purpose of sale or exhibition to the public by the art dealer other than at a public auction.
(4) “Work of fine art” means an original art work which is:
  (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
  (B) A work of calligraphy;
  (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen;
  (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
  (E) A work in mixed media, including a collage or a work consisting of any combination of subparagraphs (A) through (D) of this paragraph.
D.C. Code § 28:8-501 — DC Code / Title 28 / Chapter  / § 28:8-501
§ 28:8-501. Securities account; acquisition of security entitlement from securities intermediary.
Status: in_force

(a) For the purposes of this article, the term “securities account” means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset.
(b) Except as otherwise provided in subsections (d) and (e) of this section, a person acquires a security entitlement if a securities intermediary:
  (1) Indicates by book entry that a financial asset has been credited to the person’s securities account;
  (2) Receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person’s securities account; or
  (3) Becomes obligated under other law, regulation, or rule to credit a financial asset to the person’s securities account.
(c) If a condition of subsection (b) of this section has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset.
(d) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset.
(e) Issuance of a security is not establishment of a security entitlement.
D.C. Code § 28:9-511 — DC Code / Title 28 / Chapter  / § 28:9-511
§ 28:9-511. Secured party of record.
Status: in_force

(a) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under § 28:9-514(a) , the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b) If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under § 28:9-514(b) , the assignee named in the amendment is a secured party of record.
(c) A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
D.C. Code § 28-4605 — DC Code / Title 28 / Chapter 46 / § 28-4605
§ 28-4605. Disclosure; written agreement required.
Status: in_force

(a) Prior to the execution of a contract or agreement between a consumer and a consumer credit service organization or prior to the receipt by the consumer credit service organization of any money or other valuable consideration, whichever occurs first, the consumer credit service organization shall provide the consumer with a statement that contains the information required pursuant to subsection (b) of this section. The consumer credit service organization shall maintain for 3 years a copy of the statement signed by the consumer acknowledging receipt of the statement required by subsection (b) of this section.
(b) The information statement shall include the following:
  (1) A complete and accurate statement of a consumer’s right to review any file relating to the consumer that is maintained by the consumer credit reporting agency, as provided under the Fair Credit Reporting Act (15 U.S.C. 1681-1681t);
  (2) A statement that a consumer may review his or her consumer credit reporting agency’s file at no charge if a request is made to the consumer credit reporting agency within 30 days after receiving notice that credit has been denied;
  (3) The approximate amount that the consumer credit service organization will charge a consumer to review his or her consumer credit reporting agency’s file if a request has not been made within 30 days after receiving notice that credit has been denied;
  (4) A statement of a consumer’s right to dispute the completeness or accuracy of any information contained in any file on the consumer maintained by a consumer credit service organization as allowed by applicable District or federal law;
  (5) A complete and detailed description of the services to be performed by the consumer credit service organization for a consumer and the total amount the consumer will be charged for the services;
  (6) A statement that asserts a consumer’s right to recover under a bond or trust account established pursuant to this chapter;
  (7) (A) The name and address of the trust account depository and the trustee and the account number of the trust account; or
    (B) The name and address of the surety company that issued the bond and the account number and date of the surety bond; and
  (8) A statement that asserts a consumer’s right to file a dispute directly with the consumer credit reporting agency in accordance with the provisions of the Fair Credit Reporting Act.
(c) Any contract between a consumer and the consumer credit service organization for the purchase of the services of the consumer credit service organization shall be in writing, dated, signed by the consumer, and include the following:
  (1) The terms and conditions of payment, including the total of all the payments to be made by the consumer, regardless of whether the payments are to be made to the consumer credit service organization or to another person;
  (2) A full and detailed description of the services to be performed by the consumer credit service organization for the consumer, including:
    (A) A statement concerning the specific detrimental information with respect to a consumer’s credit that the credit service organization proposes to remedy;
    (B) Any guarantee or promise of full or partial refund; and
    (C) The estimated completion date or estimated length of time necessary for completion of the services; and
  (3) The address of the consumer credit service organization’s principal place of business and the name and address of the organization’s registered agent authorized to receive service of process.
(d) The contract shall be accompanied by a notice of cancellation that shall include the following:
  (1) Notice of a consumer’s right to cancel a contract within 5 calendar days of signing the contract;
  (2) A provision that states that a consumer may cancel by personally delivering a copy of a signed and dated cancellation notice or by sending a notice of a cancellation by certified mail, return receipt requested, to the consumer credit service organization; and
  (3) A provision that a consumer is entitled to receive a reimbursement within 10 days of receipt of the cancellation notice.
(e) The consumer credit service organization shall provide a consumer with a copy of the information statement, contract, disclosure statement, notice of cancellation, and any other document required by this chapter or the rules issued pursuant to this chapter.
D.C. Code § 28-2904 — DC Code / Title 28 / Chapter 29 / § 28-2904
§ 28-2904. Evidence of appointment of incumbency.
Status: in_force

A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall require the following evidence of appointment or incumbency:
(1) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof, and dated within sixty days before the transfer; or
(2) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt reasonable standards with respect to evidence of appointment or incumbency under this subsection. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection except to the extent that the contents relate directly to the appointment or incumbency.
D.C. Code § 28-5303 — DC Code / Title 28 / Chapter 53 / § 28-5303
§ 28-5303. Contracts required.
Status: in_force

(a) (1) Before providing an immigration service to a client, an immigration service provider shall execute a written contract with the client that includes the following information:
    (A) A detailed explanation of the immigration service to be performed;
    (B) An itemization of all fees to be charged to the client;
    (C) Statements informing the client that the client:
      (i) Has the right to consult an attorney before signing the contract;
      (ii) Has the right to obtain any document provided by the client at the client's request, even in the event of a fee dispute;
      (iii) Has the right to rescind the contract within 72 hours after signing; and
      (iv) May report complaints relating to an immigration service provider to the Office of the Attorney General's Consumer Protection Hotline;
    (D) An accurate phone number for the Office of the Attorney General's Consumer Protection Hotline;
    (E) The statement, "I am not an attorney licensed to practice law in the District of Columbia and may not provide legal representation. I cannot provide representation to you before the United States Citizenship and Immigration Services, the Department of Homeland Security, the Executive Office for Immigration Review, the Department of Labor, the Department of State, or any other immigration authority."; and
    (F) The statement, "I cannot accept a fee for referring a client to another person for a service that I cannot or will not perform."
  (2) (A) The statements required by paragraph (1)(C)(iii) and (E) of this subsection shall be placed in immediate proximity to the space reserved in the contract for the client's signature and shall be in at least 12-point, boldface type.
    (B) The statement required by paragraph (1)(F) of this subsection shall be conspicuously placed in the contract in at least 12-point type.
(b) The written contract required under this section shall be in English and in each language in which the immigration service provider provides or offers to provide an immigration service.
(c) The immigration service provider shall provide a copy of the contract to the client immediately upon execution.
D.C. Code § 28-3901 — DC Code / Title 28 / Chapter 39 / § 28-3901
§ 28-3901. Definitions and purposes.
Status: in_force

(a) As used in this chapter, the term —
  (1) “person” means an individual, firm, corporation, partnership, cooperative, association, or any other organization, legal entity, or group of individuals however organized;
  (2) “consumer” means:
    (A) When used as a noun, a person who, other than for purposes of resale, does or would purchase, lease (as lessee), or receive consumer goods or services, including as a co-obligor or surety, or does or would otherwise provide the economic demand for a trade practice;
    (B) When used as an adjective, describes anything, without exception, that:
      (i) A person does or would purchase, lease (as lessee), or receive and normally use for personal, household, or family purposes; or
      (ii) A person described in § 28-3905(k)(1)(B) or (C) purchases or receives in order to test or evaluate qualities pertaining to use for personal, household, or family purposes.
  (3) (A) "merchant" means a person, whether organized or operating for profit or for a nonprofit purpose, who in the ordinary course of business does or would sell, lease, or transfer, either directly or indirectly, consumer goods or services, or a person who in the ordinary course of business does or would supply the goods or services which are or would be the subject matter of a trade practice.
    (B) Except as provided in subsection (e) of this section, "merchant" does not include the District of Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of the employee's official duties;
  (4) “complainant” means one or more consumers who took part in a trade practice, or one or more persons acting on behalf of (not the legal representative or other counsel of) such consumers, or the successors or assigns of such consumers or persons, once such consumers or persons complain to the Department about the trade practice;
  (5) “respondent” means one or more merchants alleged by a complainant to have taken part in or carried out a trade practice, or the successors or assigns of such merchants, and includes other persons who may be deemed legally responsible for the trade practice;
  (6) “trade practice” means any act which does or would create, alter, repair, furnish, make available, provide information about, or, directly or indirectly, solicit or offer for or effectuate, a sale, lease or transfer, of consumer goods or services;
  (7) “goods and services” means any and all parts of the economic output of society, at any stage or related or necessary point in the economic process, and includes consumer credit, franchises, business opportunities, real estate transactions, and consumer services of all types;
  (8) “Department” means the Department of Licensing and Consumer Protection;
  (9) “Director” means the Director of the Department of Licensing and Consumer Protection;
  (10) “Chief of the Office of Compliance” means the senior administrative officer of the Department’s Office of Compliance who is delegated the responsibility of carrying out certain duties specified under section 28-3905;
  (11) “Office of Adjudication” means the Department’s Office of Adjudication which is responsible for carrying out certain duties specified under section 28-3905;
  (12) “Office of Consumer Protection” means the Department’s Office of Consumer Protection which is responsible for carrying out the statutory requirements set forth in § 28-3906 ; and
  (13) “Committee” means the Advisory Committee on Consumer Protection which is responsible for carrying out the statutory requirements set forth in section 28-3907.
  (14) “nonprofit organization” means a person who:
    (A) Is not an individual; and
    (B) Is neither organized nor operating, in whole or in significant part, for profit.
  (15) “public interest organization” means a nonprofit organization that is organized and operating, in whole or in part, for the purpose of promoting interests or rights of consumers.
(b) The purposes of this chapter are to:
  (1) assure that a just mechanism exists to remedy all improper trade practices and deter the continuing use of such practices;
  (2) promote, through effective enforcement, fair business practices throughout the community; and
  (3) educate consumers to demand high standards and seek proper redress of grievances.
(c) This chapter shall be construed and applied liberally to promote its purpose. This chapter establishes an enforceable right to truthful information from merchants about consumer goods and services that are or would be purchased, leased, or received in the District of Columbia.
(d) In construing the term "unfair or deceptive trade practice" due consideration and weight shall be given to the interpretation by the Federal Trade Commission and the federal courts of the term "unfair or deceptive act or practice," as employed in section 5(a) of An Act To create a Federal Trade Commission, to define its powers and duties, and for other purposes, approved September 26, 1914 (38 Stat. 719; 15 U.S.C. § 45(a)).
(e) Notwithstanding any other provision of this chapter , this chapter's application to landlord-tenant relations shall include the District of Columbia Housing Authority's activities as a landlord; except, that this chapter shall not be construed to otherwise apply to the District of Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of the employee's official duties.
D.C. Code § 28-4507 — DC Code / Title 28 / Chapter 45 / § 28-4507
§ 28-4507. Damages and injunctive relief for injuries to or within the District of Columbia.
Status: in_force

(a) (1) Whenever the District government is injured in its business or property by a violation of this chapter, the Attorney General may, without prejudice to the right of the District to bring similar or identical actions under any other statute, bring a civil action, in the name of the District, in any court of competent jurisdiction.
  (2) (A) Remedies in actions brought pursuant to paragraph (1) of this subsection shall be one or more of the following:
      (i) Not more than treble damages;
      (ii) Other appropriate injunctive or equitable relief, including restitution or an order that any profits, gain, gross receipts, or other benefit derived from the violation be disgorged and paid to the District; and
      (iii) Civil penalties.
    (B) In any action brought pursuant to paragraph (1) of this subsection, the court may award the District the relief sought and the cost of suit, including reasonable attorney's fees.
(b) (1) Whenever an individual residing in the District is injured in the individual's property by a violation of this chapter, the Attorney General may bring a civil action, in the name of the District as parens patriae, in any court of competent jurisdiction.
  (2) Remedies in actions brought pursuant to paragraph (1) of this subsection shall be one or more of the remedies provided in subsection (a)(2) of this section.
  (3) Monetary relief recovered on behalf of individuals in an action pursuant to paragraph (1) of this subsection shall be distributed in such manner as the court may authorize, according to procedures approved by the court, except that any distribution procedures approved shall first afford each individual a reasonable opportunity to secure the individual's appropriate portion of the net monetary relief.
(b-1) (1) Any individual who knowingly commits any violation of this chapter shall be liable for civil penalties not to exceed $100,000.
  (2) Any person, other than an individual in paragraph (1) of this subsection, that knowingly commits any violation of this chapter shall be liable for civil penalties not to exceed $1 million.
(c) (1) In any action brought pursuant to subsection (b) of this section, the Attorney General shall, at such times, in such manner, and with such content as the court may direct, cause notice to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any individual, the court shall direct further notice to such individual according to the circumstances of the case.
  (2) Any individual on whose behalf an action is brought under subsection (b) of this section may elect to exclude from adjudication the portion of the District of Columbia claim for monetary relief attributable to that individual by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection.
(d) In any action under subsection (b) of this section, in which there has been a determination that a defendant violated a provision of this chapter, damages may be proved and assessed in the aggregate by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court may permit, without the necessity of separately proving the individual claim of, or amount of damage to, individuals on whose behalf the suit was brought.
(e) The court may award under this section, pursuant to a motion by the District of Columbia promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading of the District of Columbia setting forth a claim under this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just under the circumstances. In determining whether an award of interest under this section for any period is just under the circumstances, the court shall consider only:
  (1) whether the District of Columbia or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
  (2) whether, in the course of the action involved, the District of Columbia or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
  (3) whether the District of Columbia or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
D.C. Code § 28-3314 — DC Code / Title 28 / Chapter 33 / § 28-3314
§ 28-3314. Right of action.
Status: in_force

Any borrower who suffers a violation of any provision of this chapter by any lender may bring an action in the Superior Court of the District of Columbia to recover, or obtain, or enforce any of the following:
(1) reasonable attorney’s fees;
(2) actual and punitive damages; or
(3) any other relief which the court deems proper.
D.C. Code § 28:5-101 — DC Code / Title 28 / Chapter  / § 28:5-101
§ 28:5-101. Indemnities.
Status: in_force

This article may be cited as “Uniform Commercial Code—Letters of Credit”.
D.C. Code § 28:4A-302 — DC Code / Title 28 / Chapter  / § 28:4A-302
§ 28:4A-302. Obligations of receiving bank in execution of payment order.
Status: in_force

(a) Except as provided in subsections (b) through (d) of this section, if the receiving bank accepts a payment order pursuant to § 28:4A-209(a) , the bank has the following obligations in executing the order:
  (1) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender’s order and to follow the sender’s instructions concerning (i) any intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or (ii) the means by which payment orders are to be transmitted in the funds transfer. If the originator’s bank issues a payment order to an intermediary bank, the originator’s bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.
  (2) If the sender’s instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender’s instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.
(b) Unless otherwise instructed, a receiving bank executing a payment order may (i) use any funds-transfer system if use of that system is reasonable in the circumstances, and (ii) issue a payment order to the beneficiary’s bank or to an intermediary bank through which a payment order conforming to the sender’s order can expeditiously be issued to the beneficiary’s bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.
(c) Unless subsection (a)(2) of this section applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender’s order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.
(d) Unless instructed by the sender, (i) the receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the sender’s order by issuing a payment order in an amount equal to the amount of the sender’s order less the amount of the charges, and (ii) may not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
D.C. Code § 28:9-515 — DC Code / Title 28 / Chapter  / § 28:9-515
§ 28:9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.
Status: in_force

(a) Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of 5 years after the date of filing.
(b) Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(c) The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(d) A continuation statement may be filed only within 6 months before the expiration of the 5-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable.
(e) Except as otherwise provided in § 28:9-510 , upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of 5 years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the 5-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(f) If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(g) A record of a mortgage that is effective as a financing statement filed as a fixture filing under § 28:9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
D.C. Code § 28-5108 — DC Code / Title 28 / Chapter 51 / § 28-5108
§ 28-5108. Penalty.
Status: in_force

An art dealer who violates § 28-5105 or § 28-5106 shall be liable to the artist in an amount equal to the actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation, plus reasonable attorneys’ fees.
D.C. Code § 28:9-403 — DC Code / Title 28 / Chapter  / § 28:9-403
§ 28:9-403. Agreement not to assert defenses against assignee.
Status: in_force

(a) In this section, “value” has the meaning provided in § 28:3-303(a) .
(b) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:
  (1) For value;
  (2) In good faith;
  (3) Without notice of a claim of a property or possessory right to the property assigned; and
  (4) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under § 28:3-305(a) .
(c) Subsection (b) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under § 28:3-305(b) .
(d) In a consumer transaction, if a record evidences the account debtor’s obligation, law other than this article requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:
  (1) The record has the same effect as if the record included such a statement; and
  (2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.
(e) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(f) Except as otherwise provided in subsection (d), this section does not displace law other than this article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
D.C. Code § 28:12-103 — DC Code / Title 28 / Chapter  / § 28:12-103
§ 28:12-103. Relation to Article 9 and consumer laws.
Status: in_force

(a) If there is conflict between this article and Article 9 , Article 9 governs.
(b) A transaction subject to this article is subject to any applicable rule of law that establishes a different rule for consumers and §§ 28-3301 to 28-3315 .
D.C. Code § 28:2-611 — DC Code / Title 28 / Chapter  / § 28:2-611
§ 28:2-611. Retraction of anticipatory repudiation.
Status: in_force

(1) Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.
(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this article (section 28:2-609).
(3) Retraction reinstates the repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
D.C. Code § 28:9-306A — DC Code / Title 28 / Chapter  / § 28:9-306A
§ 28:9-306A. Law governing perfection and priority of security interests in chattel paper.
Status: in_force

(a) Except as provided in subsection (d) of this section, if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible copy, the local law of the chattel paper's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does not bear any relation to the chattel paper's jurisdiction.
(b) The following rules determine the chattel paper's jurisdiction under this section:
  (1) If the authoritative electronic copy of the record evidencing chattel paper, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part , this article , or this subtitle , that jurisdiction is the chattel paper's jurisdiction.
  (2) If paragraph (1) of this subsection does not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part , this article , or this subtitle , that jurisdiction is the chattel paper's jurisdiction.
  (3) If paragraphs (1) and (2) of this subsection do not apply and the authoritative electronic copy, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that the chattel paper is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.
  (4) If paragraphs (1), (2), and (3) of this subsection do not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that the chattel paper or the system is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.
  (5) If paragraphs (1) through (4) of this subsection do not apply, the chattel paper's jurisdiction is the jurisdiction in which the debtor is located.
(c) If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
  (1) Perfection of a security interest in the chattel paper by possession under § 28:9-314A ; and
  (2) The effect of perfection or nonperfection and the priority of a security interest in the chattel paper.
(d) The local law of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel paper by filing.
D.C. Code § 28:2A-220 — DC Code / Title 28 / Chapter  / § 28:2A-220
§ 28:2A-220. Effect of default on risk of loss.
Status: in_force

(a) Where risk of loss is to pass to the lessee and the time of passage is not stated:
  (1) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
  (2) If the lessee rightfully revokes acceptance, he or she, to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(b) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
D.C. Code § 28:2A-402 — DC Code / Title 28 / Chapter  / § 28:2A-402
§ 28:2A-402. Anticipatory repudiation.
Status: in_force

If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
(1) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;
(2) Make demand pursuant to § 28:2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or
(3) Resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods ( § 28:2A-524 ).
D.C. Code § 28-2905 — DC Code / Title 28 / Chapter 29 / § 28-2905
§ 28-2905. Adverse claims.
Status: in_force

(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may notify in writing the corporation or transfer agent of the claim. The corporation or transfer agent is not put on notice unless the written notice (1) identifies the claimant, the registered owner, and the issue of which the security is a part, (2) provides an address for communications directed to the claimant, and (3) is received before the transfer. This chapter does not relieve the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized by subsection (b).
(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for thirty days after the mailing and shall then make the transfer unless restrained by a court order.
D.C. Code § 28:9-203 — DC Code / Title 28 / Chapter  / § 28:9-203
§ 28:9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
Status: in_force

(a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(b) Except as otherwise provided in subsections (c) through (i), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
  (1) Value has been given;
  (2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
  (3) One of the following conditions is met:
    (A) The debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
    (B) The collateral is not a certificated security and is in the possession of the secured party under § 28:9-313 pursuant to the debtor’s security agreement;
    (C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under § 28:8-301 pursuant to the debtor’s security agreement;
    (D) The collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, electronic money, investment property, or letter-of-credit rights, and the secured party has control under § 28:7-106 , § 28:9-104 , § 28:9-105A , § 28:9-106 , § 28:9-107 , or § 28:9-107A pursuant to the debtor's security agreement; or
    (E) The collateral is chattel paper and the secured party has possession and control under § 28:9-314A pursuant to the debtor's security agreement.
(c) Subsection (b) is subject to § 28:4-210 on the security interest of a collecting bank, § 28:5-118 on the security interest of a letter-of-credit issuer or nominated person, § 28:9-110 on a security interest arising under Article 2 or 2A, and § 28:9-206 on security interests in investment property.
(d) A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this article or by contract:
  (1) The security agreement becomes effective to create a security interest in the person’s property; or
  (2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
(e) If a new debtor becomes bound as debtor by a security agreement entered into by another person:
  (1) The agreement satisfies subsection (b)(3) of this section with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
  (2) Another agreement is not necessary to make a security interest in the property enforceable.
(f) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by § 28:9-315 and is also attachment of a security interest in a supporting obligation for the collateral.
(g) The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(h) The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
(i) The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.
D.C. Code § 28-3907 — DC Code / Title 28 / Chapter 39 / § 28-3907
§ 28-3907. Advisory Committee on Consumer Protection.
Status: in_force

(a) There shall be an Advisory Committee on Consumer Protection consisting of 11 members appointed by the Mayor for three-year terms. The nongovernmental members, immediately prior to the effective date of this chapter, of the Advisory Committee on Consumer Affairs established in Organization Order No. 40 (C.O. 73-225; October 3, 1973), shall carry out their terms. No District Government employees shall be members. Four members shall be District merchants. Seven members shall be persons with demonstrated and current records of activity on behalf of consumers.
(b) The Committee shall:
  (1) recommend priorities in, and, at the Committee’s discretion, carry out investigations and research, which concern broad, developing, or frequently encountered consumer problems;
  (2) assist the Director as the Director may request;
  (3) monitor the performance and organization of the Office, by quantitative and qualitative methods, and make recommendations and criticisms, based thereon; and
  (4) cooperate with consumer-related agencies, groups, and individuals in the District and in the metropolitan area to improve city-wide and area-wide consumer protection and education efforts.
(c) The Committee shall elect one of its members as Chairperson and another as Vice-Chairperson, each to serve at the pleasure of the Committee, and such other officers and subcommittees as it determines.
(d) The Office shall provide staff support for the Advisory Committee. Appropriate expenses incurred by the Committee as a whole, or by individual members, may be paid when authorized by the Director.
(e) The Committee shall meet on call by the Chairperson as frequently as required to perform its duties, but no less than once each month, and it shall submit an annual report to the Mayor, Council, and the public.
(f) The Committee shall hold public hearings as deemed necessary.
D.C. Code § 28:2A-510 — DC Code / Title 28 / Chapter  / § 28:2A-510
§ 28:2A-510. Installment lease contracts: rejection and default.
Status: in_force

(a) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (b) of this section and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.
(b) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole, there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
D.C. Code § 28:9-527 — DC Code / Title 28 / Chapter  / § 28:9-527
§ 28:9-527. Duty to report.
Status: in_force

The Mayor shall report annually on or before April 1 to the Council on the operation of the filing office. The report must contain a statement of the extent to which:
(1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and
(2) The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
D.C. Code § 28:4A-103 — DC Code / Title 28 / Chapter  / § 28:4A-103
§ 28:4A-103. Payment order — definitions.
Status: in_force

(a) In this article:
  (1) “Beneficiary” means the person to be paid by the beneficiary’s bank.
  (2) “Beneficiary’s bank” means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.
  (3) “Payment order” means an instruction of a sender to a receiving bank, transmitted orallyor in a record, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
    (A) the instruction does not state a condition to payment to the beneficiary other than time of payment,
    (B) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender, and
    (C) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.
  (4) “Receiving bank” means the bank to which the sender’s instruction is addressed.
  (5) “Sender” means the person giving the instruction to the receiving bank.
(b) If an instruction complying with subsection (a)(3) of this section is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
(c) A payment order is issued when it is sent to the receiving bank.
D.C. Code § 28:9-601 — DC Code / Title 28 / Chapter  / § 28:9-601
§ 28:9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Status: in_force

(a) After default, a secured party has the rights provided in this part and, except as otherwise provided in § 28:9-602 , those provided by agreement of the parties. A secured party:
  (1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
  (2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) A secured party in possession of collateral or control of collateral under § 28:7-106 , § 28:9-104 , § 28:9-105 , § 28:9-105A , § 28:9-106 , § 28:9-107 , or § 28:9-107A has the rights and duties provided in § 28:9-207 .
(c) The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Except as otherwise provided in subsection (g) and § 28:9-605 , after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
  (1) The date of perfection of the security interest or agricultural lien in the collateral;
  (2) The date of filing a financing statement covering the collateral; or
  (3) Any date specified in a statute under which the agricultural lien was created.
(f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(g) Except as otherwise provided in § 28:9-607(c) , this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
D.C. Code § 28:2A-105 — DC Code / Title 28 / Chapter  / § 28:2A-105
§ 28:2A-105. Territorial application of article to goods covered by certificate of title.
Status: in_force

Subject to the provisions of §§ 28:2A-304(c) and 28:2A-305(c) , with respect to goods covered by a certificate of title issued under a statute of the District or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (i) surrender of the certificate, or (ii) 4 months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
D.C. Code § 28:1-106 — DC Code / Title 28 / Chapter  / § 28:1-106
§ 28:1-106. Use of singular and plural; gender.
Status: in_force

In this subtitle, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) Words of any gender also refer to any other gender.
D.C. Code § 28-3851 — DC Code / Title 28 / Chapter 38 / § 28-3851
§ 28-3851. Definitions.
Status: in_force

(a) For purposes of this subchapter, the term:
  (1) (A) "Breach of the security of the system" means unauthorized acquisition of computerized or other electronic data or any equipment or device storing such data that compromises the security, confidentiality, or integrity of personal information maintained by the person or entity who conducts business in the District of Columbia.
    (B) The term "breach of the security of the system" does not include:
      (i) A good-faith acquisition of personal information by an employee or agency of the person or entity for the purposes of the person or entity if the personal information is not used improperly or subject to further unauthorized disclosure;
      (ii) Acquisition of data that has been rendered secure, including through encryption or redaction of such data, so as to be unusable by an unauthorized third party unless any information obtained has the potential to compromise the effectiveness of the security protection preventing unauthorized access; or
      (iii) Acquisition of personal information of an individual that the person or entity reasonably determines, after a reasonable investigation and consultation with the Office of the Attorney General for the District of Columbia and federal law enforcement agencies, will likely not result in harm to the individual.
  (1A) "Genetic information" has the meaning ascribed to it under the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), approved August 21, 1996 (Pub. Law 104-191; 110 Stat. 1936), as specified in 45 C.F.R. § 106.103.
  (1B) "Medical Information" means any information about a consumer's dental, medical, or mental health treatment or diagnosis by a health-care professional.
  (2) “Notify” or “notification” means providing information through any of the following methods:
    (A) Written notice;
    (B) Electronic notice, if the customer has consented to receipt of electronic notice consistent with the provisions regarding electronic records and signatures set forth in the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 641; 15 U.S.C. § 7001); or
    (C) (i) Substitute notice, if the person or entity demonstrates that the cost of providing notice to persons subject to this subchapter would exceed $50,000, that the number of persons to receive notice under this subchapter exceeds 100,000, or that the person or entity does not have sufficient contact information.
      (ii) Substitute notice shall consist of all of the following:
        (I) E-mail notice when the person or entity has an e-mail address for the subject persons;
        (II) Conspicuous posting of the notice on the website page of the person or entity if the person or entity maintains one; and
        (III) Notice to major local and, if applicable, national media.
  (2A) "Person or entity" means an individual, firm, corporation, partnership, company, cooperative, association, trust, or any other organization, legal entity, or group of individuals.  The term "person or entity" shall not include the District of Columbia government or any of its agencies or instrumentalities.
  (3) (A) "Personal information" means:
      (i) An individual's first name, first initial and last name, or any other personal identifier, which, in combination with any of the following data elements, can be used to identify a person or the person's information:
        (I) Social security number, Individual Taxpayer Identification Number, passport number, driver's license number, District of Columbia identification card number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual;
        (II) Account number, credit card number or debit card number, or any other number or code or combination of numbers or codes, such as an identification number, security code, access code, or password, that allows access to or use of an individual's financial or credit account;
        (III) Medical information;
        (IV) Genetic information and deoxyribonucleic acid profile;
        (V) Health insurance information, including a policy number, subscriber information number, or any unique identifier used by a health insurer to identify the person that permits access to an individual's health and billing information;
        (VI) Biometric data of an individual generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voice print, genetic print, retina or iris image, or other unique biological characteristic, that is used to uniquely authenticate the individual's identity when the individual accesses a system or account; or
        (VII) Any combination of data elements included in sub-sub-subparagraphs (I) through (VI) of this sub-subparagraph that would enable a person to commit identity theft without reference to a person's first name or first initial and last name or other independent personal identifier.
      (ii) A user name or e-mail address in combination with a password, security question and answer, or other means of authentication, or any combination of data elements included in sub-sub-subparagraphs (I) through (VI) of sub-subparagraph (i) that permits access to an individual's e-mail account.
    [(B) For purposes of this paragraph, the term “personal information” shall not include publicly available information that is lawfully made available to the general public from federal, state, or local government records].
D.C. Code § 28:8-303 — DC Code / Title 28 / Chapter  / § 28:8-303
§ 28:8-303. Protected purchaser.
Status: in_force

(a) For the purposes of this article, the term “protected purchaser” means a purchaser of a certificated or uncertificated security, or of an interest therein, who:
  (1) Gives value;
  (2) Does not have notice of any adverse claim to the security; and
  (3) Obtains control of the certificated or uncertificated security.
(b) A protected purchaser also acquires its interest in the security free of any adverse claim.
D.C. Code § 28:7-404 — DC Code / Title 28 / Chapter  / § 28:7-404
§ 28:7-404. No liability for good-faith delivery pursuant to document of title.
Status: in_force

A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this article is not liable for the goods even if:
(1) The person from which the bailee received the goods did not have authority to procure the document or to dispose of the goods; or
(2) The person to which the bailee delivered the goods did not have authority to receive the goods.
D.C. Code § 28:9-208 — DC Code / Title 28 / Chapter  / § 28:9-208
§ 28:9-208. Additional duties of secured party having control of collateral.
Status: in_force

(a) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within 10 days after receiving a signed demand by the debtor:
  (1) A secured party having control of a deposit account under § 28:9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party;
  (2) A secured party having control of a deposit account under § 28:9-104(a)(3) shall:
    (A) Pay the debtor the balance on deposit in the deposit account; or
    (B) Transfer the balance on deposit into a deposit account in the debtor’s name;
  (3) A secured party, other than a buyer, having control under § 28:9-105 of an authoritative electronic copy of a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a person designated by the debtor;
  (4) A secured party having control of investment property under § 28:8-106(d)(2) or 28:9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained a signed record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party;
  (5) A secured party having control of a letter-of-credit right under § 28:9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party a signed release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party;
  (6) A secured party having control under § 28:7-106 of an authoritative electronic copy of an electronic document of title shall transfer control of the electronic copy to the debtor or a person designated by the debtor;
  (7) A secured party having control under § 28:9-105A of electronic money shall transfer control of the electronic money to the debtor or a person designated by the debtor; and
  (8) A secured party having control under § 28:12-105 of a controllable electronic record, other than a buyer of a controllable account or controllable payment intangible evidenced by the controllable electronic record, shall transfer control of the controllable electronic record to the debtor or a person designated by the debtor.
D.C. Code § 28:4-202 — DC Code / Title 28 / Chapter  / § 28:4-202
§ 28:4-202. Responsibility for collection or return; when action timely.
Status: in_force

(a) A collecting bank must exercise ordinary care in:
  (1) Presenting an item or sending it for presentment;
  (2) Sending notice of dishonor or nonpayment, or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be;
  (3) Settling for an item when the bank receives final settlement; and
  (4) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.
(b) A collecting bank exercises ordinary care under subsection (a) of this section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.
(c) Subject to subsection (a)(1) of this section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit.
D.C. Code § 28:2-106 — DC Code / Title 28 / Chapter  / § 28:2-106
§ 28:2-106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation” [;"hybrid transaction"].
Status: in_force

(1) In this article unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods. “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing of title from the seller to the buyer for a price (section 28:2-401). A “present sale” means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.
(3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On “termination” all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.
(5) "Hybrid transaction" means a single transaction involving a sale of goods and:
  (A) The provision of services;
  (B) A lease of other goods; or
  (C) A sale, lease, or license of property other than goods.
D.C. Code § 28-4508 — DC Code / Title 28 / Chapter 45 / § 28-4508
§ 28-4508. Relief for private parties.
Status: in_force

(a) Any person who is injured in that person’s business or property by reason of anything forbidden by this chapter may bring a civil action for damages, for appropriate injunctive or other equitable relief, or for both. In such an action, in addition to any appropriate injunctive or equitable relief, the court shall award as monetary relief: (1) threefold the total damage sustained by such person; and (2) as determined by the court, the costs of suit including reasonable attorney’s fees.
(b) The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just under the circumstances. In determining whether an award of interest under this section for any period is just under the circumstances, the court shall consider only:
  (1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
  (2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
  (3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
(c) In any class action brought under this section by purchasers or sellers, the fact of injury and the amount of damages sustained by the members of the class may be proven on a class-wide basis, without requiring proof of such matters by each individual member of the class. The percentage of total damages attributable to a member of such class shall be the same as the ratio of such member’s purchases or sales to the purchases or sales of the class as a whole.
D.C. Code § 28:4-214 — DC Code / Title 28 / Chapter  / § 28:4-214
§ 28:4-214. Right of charge-back or refund; liability of collecting bank; return of item.
Status: in_force

(a) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer’s account, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank’s midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.
(b) A collecting bank returns an item when it is sent or delivered to the bank’s customer or transferor or pursuant to its instructions.
(c) A depositary bank that is also the payor may charge back the amount of an item to its customer’s account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (section 28:4-301).
(d) The right to charge back is not affected by:
  (1) Previous use of a credit given for the item; or
  (2) Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.
(e) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
(f) If credit is given in dollars as the equivalent of the value of an item payable in foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
D.C. Code § 28:9-206 — DC Code / Title 28 / Chapter  / § 28:9-206
§ 28:9-206. Security interest arising in purchase or delivery of financial asset.
Status: in_force

(a) A security interest in favor of a securities intermediary attaches to a person’s security entitlement if:
  (1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and
  (2) The securities intermediary credits the financial asset to the buyer’s securities account before the buyer pays the securities intermediary.
(b) The security interest described in subsection (a) secures the person’s obligation to pay for the financial asset.
(c) A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:
  (1) The security or other financial asset:
    (A) In the ordinary course of business is transferred by delivery with any necessary indorsement or assignment; and
    (B) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and
  (2) The agreement calls for delivery against payment.
(d) The security interest described in subsection (c) secures the obligation to make payment for the delivery.
D.C. Code § 28:9-702 — DC Code / Title 28 / Chapter  / § 28:9-702
§ 28:9-702. Savings clause.
Status: in_force

(a) Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001.
(b) Except as otherwise provided in subsection (c) of this section and §§ 28:9-703 through 28:9-709 :
  (1) Transactions and liens that were not governed by former Article 9, were validly entered into or created before July 1, 2001, and would be subject to this article if they had been entered into or created after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens, remain valid after July 1, 2001; and
  (2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law that otherwise would apply if this article had not taken effect.
(c) This article shall not affect an action, case, or proceeding commenced before July 1, 2001.
D.C. Code § 28:12-204 — DC Code / Title 28 / Chapter  / § 28:12-204
§ 28:12-204. Security interest unperfected before April 20, 2024.
Status: in_force

(a) A security interest that is enforceable immediately before April 20, 2024 but is unperfected at that time:
  (1) Remains an enforceable security interest until the adjustment date;
  (2) Remains enforceable thereafter if the security interest becomes enforceable under § 28:9-203 , as amended by the 2024 Act, on April 20, 2024 or before the adjustment date; and
  (3) Becomes perfected:
    (A) Without further action, on April 20, 2024 if the requirements for perfection under the 2024 Act are satisfied before or at that time; or
    (B) When the requirements for perfection are satisfied if the requirements are satisfied after that time.
D.C. Code § 28:2-607 — DC Code / Title 28 / Chapter  / § 28:2-607
§ 28:2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
Status: in_force

(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this article for non-conformity.
(3) Where a tender has been accepted
  (a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and
  (b) if the claim is one for infringement or the like (subsection (3) of section 28:2-312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.
(4) The burden is on the buyer to establish any breach with respect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over
  (a) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.
  (b) if the claim is one for infringement or the like (subsection (3) of section 28:2-312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.
(6) The provisions of subsection (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of section 28:2-312).
D.C. Code § 28:3-405 — DC Code / Title 28 / Chapter  / § 28:3-405
§ 28:3-405. Employer’s responsibility for fraudulent indorsement by employee.
Status: in_force

(a) In this section, the term:
  (1) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer.
  (2) “Fraudulent indorsement” means (i) in the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer, or (ii) in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.
  (3) “Responsibility” with respect to instruments means authority (i) to sign or indorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. The term “responsibility” does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.
(b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
(c) Under subsection (b) of this section, an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
D.C. Code § 28-3313 — DC Code / Title 28 / Chapter 33 / § 28-3313
§ 28-3313. Penalties.
Status: in_force

Any lender who wilfully violates any provision of this chapter shall, upon conviction thereof, be fined not more than the amount set forth in [ § 22-3571.01 ] or imprisoned for not more than 1 year, or both.
D.C. Code § 28:12-203 — DC Code / Title 28 / Chapter  / § 28:12-203
§ 28:12-203. Security interest perfected before April 20, 2024.
Status: in_force

(a) A security interest that is enforceable and perfected immediately before April 20, 2024 is a perfected security interest under the 2024 Act if, on April 20, 2024, the requirements for enforceability and perfection under the 2024 Act are satisfied without further action.
(b) If a security interest is enforceable and perfected immediately before April 20, 2024, but the requirements for enforceability or perfection under the 2024 Act are not satisfied on April 20, 2024, the security interest:
  (1) Is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before April 20, 2024 or the adjustment date;
  (2) Remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under § 28:9-203 , as amended by the 2024 Act, before the adjustment date; and
  (3) Remains perfected thereafter only if the requirements for perfection under the 2024 Act are satisfied before the time specified in paragraph (1) of this subsection.
D.C. Code § 28:2-707 — DC Code / Title 28 / Chapter  / § 28:2-707
§ 28:2-707. “Person in the position of a seller”.
Status: in_force

(1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.
(2) A person in the position of a seller may as provided in this article withhold or stop delivery (section 28:2-705) and resell (section 28:2-706) and recover incidental damages (section 28:2-710).
D.C. Code § 28-4906 — DC Code / Title 28 / Chapter 49 / § 28-4906
§ 28-4906. Legal recognition of electronic records, electronic signatures, and electronic contracts.
Status: in_force

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
D.C. Code § 28:9-521 — DC Code / Title 28 / Chapter  / § 28:9-521
§ 28:9-521. Uniform form of written financing statement and amendment.
Status: in_force

(a) Except for a reason set forth in § 28:9-516(b) , a filing office that accepts written records may not refuse to accept a written record for a filing authorized by this article if the record conforms to a format that is:
  (1) Currently approved by the International Association of Commercial Administrators; or
  (2) Adopted by rule issued by the Chief Financial Officer pursuant to § 28:9-526 .
D.C. Code § 28:3-203 — DC Code / Title 28 / Chapter  / § 28:3-203
§ 28:3-203. Transfer of instrument; rights acquired by transfer.
Status: in_force

(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.
(d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. In this case, the transferee obtains no rights under this article and has only the rights of a partial assignee.
D.C. Code § 28:2-324 — DC Code / Title 28 / Chapter  / § 28:2-324
§ 28:2-324. “No arrival, no sale” term.
Status: in_force

Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed,
(a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the non-arrival; and
(b) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (section 28:2-613).