D.C. Code § 28:2-602 — DC Code / Title 28 / Chapter  / § 28:2-602
§ 28:2-602. Manner and effect of rightful rejection.
Status: in_force

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
(2) Subject to the provisions of the two following sections on rejected goods (sections 28:2-603 and 28:2-604),
  (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
  (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this article (subsection (3) of section 28:2-711), he is under a duty after rejection to hold them with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them; but
  (c) the buyer has no further obligations with regard to goods rightfully rejected.
(3) The seller’s rights with respect to goods wrongfully rejected are governed by the provisions of this article on seller’s remedies in general (section 28:2-703).
D.C. Code § 28:2A-309 — DC Code / Title 28 / Chapter  / § 28:2A-309
§ 28:2A-309. Lessor’s and lessee’s rights when goods become fixtures.
Status: in_force

(a) In this section:
  (1) Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law.
  (2) A “fixture filing” is the filing, in the office where a record of a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of § 28:9-502(a) and (b).
  (3) A lease is a “purchase money lease” unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable.
  (4) A mortgage is a “construction mortgage” to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates.
  (5) “Encumbrance” includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
(b) Under this article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this article of ordinary building materials incorporated into an improvement on land.
(c) This article does not prevent creation of a lease of fixtures pursuant to real estate law.
(d) The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if:
  (1) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within 10 days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; or
  (2) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessor’s interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.
(e) The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if:
  (1) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable;
  (2) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable;
  (3) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or
  (4) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessee’s right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.
(f) Notwithstanding subsection (d)(1) of this section but otherwise subject to subsections (d) and (e) of this section, the interest of a lessor of fixtures, including the lessor’s residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.
(g) In cases not within the preceding subsections, priority between the interest of a lessor of fixtures, including the lessor’s residual interest, and the conflicting interest of a encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.
(h) If the interest of a lessor of fixtures, including the lessor’s residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease agreement but subject to the lease agreement and this article, or (ii) if necessary to enforce other rights and remedies of the lessor or lessee under this article, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
(i) Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures, including the lessor’s residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of the Article on Secured Transactions (Article 9).
D.C. Code § 28-2711 — DC Code / Title 28 / Chapter 27 / § 28-2711
§ 28-2711. Daylight savings time.
Status: in_force

The standard time applicable in the District of Columbia shall be advanced by one hour from 2:00 a.m. on the second Sunday in March of each year until 2:00 a.m. on the first Sunday in November of each year and this time, known as daylight savings time, shall, during the period of the year for which it is applicable, be the standard time for the District of Columbia.
D.C. Code § 28:9-333 — DC Code / Title 28 / Chapter  / § 28:9-333
§ 28:9-333. Priority of certain liens arising by operation of law.
Status: in_force

(a) In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:
  (1) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person’s business;
  (2) Which is created by statute or rule of law in favor of the person; and
  (3) Whose effectiveness depends on the person’s possession of the goods.
(b) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
D.C. Code § 28-4804.09 — DC Code / Title 28 / Chapter 48 / § 28-4804.09
§ 28-4804.09. Deferred compensation, annuities, and similar payments.
Status: in_force

(a) For the purposes of this section, the term:
  (1) “Payment” means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. The term “payment” includes a payment made in money or property from the payer’s general assets or from a separate fund created by the payer. For the purposes of subsections (d), (d-1), (d-2), and (d-3) of this section, the term “payment” also includes any payment from any separate fund, regardless of the reason for the payment.
  (2) “Separate fund” includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus, or stock-ownership plan.
(b) To the extent that a payment is characterized as interest, or a dividend, or a payment made in lieu of interest or a dividend, a trustee shall allocate the payment to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment.
(c) If no part of a payment is characterized as interest, a dividend, or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal.
(d) Except as otherwise provided in subsection (d-1) of this section, subsections (d-2) and (d-3) of this section apply, and subsections (b) and (c) of this section do not apply, in determining the allocation of a payment made from a separate fund to:
  (1) A trust to which an election to qualify for a marital deduction under section 2056(b)(7) of the Internal Revenue Code of 1986, approved August 5, 1997 (68A Stat. 392; 26 U.S.C. § 2056(b)(7)), has been made; or
  (2) A trust that qualifies for the marital deduction under section 2056(b)(5) of the Internal Revenue Code of 1986, approved August 5, 1997 (68A Stat. 392; 26 U.S.C. § 2056(b)(5)).
(d-1) Subsections (d), (d-2), and (d-3) of this section do not apply if and to the extent that the series of payments would, without the application of subsection (d) of this section, qualify for the marital deduction under section 2056(b)(7)(C) of the Internal Revenue Code of 1986, approved August 5, 1997 (68A Stat. 392; 26 U.S.C. § 2056(b)(7)(C)).
(d-2) A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this chapter. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.
(d-3) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal 4 % of the fund’s value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund’s value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under section 7520 of the Internal Revenue Code of 1986, approved November 10, 1988 (102 Stat. 3668; 26 U.S.C. § 7520), for the month preceding the accounting period for which the computation is made.
(e) This section does not apply to payments to which § 28-4804.10 applies.
D.C. Code § 28:9-625 — DC Code / Title 28 / Chapter  / § 28:9-625
§ 28:9-625. Remedies for secured party’s failure to comply with article.
Status: in_force

(a) If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b) Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.
(c) Except as otherwise provided in § 28:9-628 :
  (1) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and
  (2) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10% of the principal amount of the obligation or the time-price differential plus 10% of the cash price.
(d) A debtor whose deficiency is eliminated under § 28:9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 28:9-626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.
(e) In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover $500 in each case from a person that:
  (1) Fails to comply with § 28:9-208 ;
  (2) Fails to comply with § 28:9-209 ;
  (3) Files a record that the person is not entitled to file under § 28:9-509(a) ;
  (4) Fails to cause the secured party of record to file or send a termination statement as required by § 28:9-513(a) or (c);
  (5) Fails to comply with § 28:9-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
  (6) Fails to comply with § 28:9-616(b)(2) .
(f) A debtor or consumer obligor may recover damages under subsection (b) and, in addition, $500 in each case from a person that, without reasonable cause, fails to comply with a request under § 28:9-210 . A recipient of a request under § 28:9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
(g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under § 28:9-210 , the secured party may claim a security interest only as shown in the statement included in the request as against a person that is reasonably misled by the failure.
D.C. Code § 28:8-206 — DC Code / Title 28 / Chapter  / § 28:8-206
§ 28:8-206. Completion or alteration of security certificate.
Status: in_force

(a) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:
  (1) Any person may complete it by filling in the blanks as authorized; and
  (2) Even if the blanks are incorrectly filled in, the security certificate as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness.
(b) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but only according to its original terms.
D.C. Code § 28-4607 — DC Code / Title 28 / Chapter 46 / § 28-4607
§ 28-4607. Penalties.
Status: in_force

(a) Any person who violates any provision of this chapter shall be fined not more than not more than the amount set forth in [ § 22-3571.01 ] per violation, imprisoned for not more than 1 year, or both.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this act [this chapter] or the rules authorized by this chapter, pursuant to subchapters I and II of Chapter 18 of Title 2 .
(c) Any consumer injured by a violation of this chapter may bring an action for recovery of damages within 3 years after the signing of the contract. Judgment shall be entered for actual damages and shall in no case be less than the amount paid by the consumer to the consumer credit service organization, plus reasonable attorney’s fees and actual costs incurred to recover the damages. An award may also be entered for punitive damages.
(d) The remedies provided pursuant to this chapter are in addition to the remedies available pursuant to any other law.
D.C. Code § 28:7-210 — DC Code / Title 28 / Chapter  / § 28:7-210
§ 28:7-210. Enforcement of warehouse’s lien.
Status: in_force

(a) (1) Except as otherwise provided in subsection (b) of this section, a warehouse’s lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner.
  (2) The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold.
  (3) A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by paragraph (2) of this subsection.
(b) A warehouse may enforce its lien on goods, other than goods stored by a merchant in the course of its business, only if the following requirements are satisfied:
  (1) All persons known to claim an interest in the goods must be notified.
  (2) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place.
  (3) The sale must conform to the terms of the notification.
  (4) The sale must be held at the nearest suitable place to where the goods are held or stored.
  (5) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for 2 weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale. The sale must take place at least 15 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not fewer than 6 conspicuous places in the neighborhood of the proposed sale.
(c) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold and must be retained by the warehouse subject to the terms of the receipt and this article.
(d) A warehouse may buy at any public sale held pursuant to this section.
(e) A purchaser in good faith of goods sold to enforce a warehouse’s lien takes the goods free of any rights of persons against which the lien was valid, despite the warehouse’s noncompliance with this section.
(f) A warehouse may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the warehouse would have been bound to deliver the goods.
(g) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
(h) If a lien is on goods stored by a merchant in the course of its business, the lien may be enforced in accordance with subsection (a) or (b) of this section.
(i) A warehouse is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
D.C. Code § 28:7-306 — DC Code / Title 28 / Chapter  / § 28:7-306
§ 28:7-306. Altered bills of lading.
Status: in_force

An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
D.C. Code § 28:3-602 — DC Code / Title 28 / Chapter  / § 28:3-602
§ 28:3-602. Payment.
Status: in_force

(a) Subject to subsection (e) of this section, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument to a person entitled to enforce the instrument.
(b) Subject to subsection (e) of this section, a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee, reasonably identifies the transferred note, and provides an address at which subsequent payments are to be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection (c) of this section even if the party obliged to pay the note has received a notification under this section.
(c) Subject to subsection (e) of this section, to the extent of a payment under subsections (a) or (b) of this section, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under § 28:3-306 by another person.
(d) Subject to subsection (e) of this section, a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection (b) of this section after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.
(e) The obligation of a party to pay the instrument is not discharged under subsections (a) through (d) of this section if:
  (1) A claim to the instrument under § 28:3-306 is enforceable against the party receiving payment and either payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or, in the case of an instrument other than a cashier’s check, teller’s check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or
  (2) The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.
(f) As used in this section, “signed”, with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
D.C. Code § 28:6-109 — DC Code / Title 28 / Chapter  / § 28:6-109
§ 28:6-109. What constitutes filing; duties of filing officer; information from filing officer.
Status: repealed

Repealed.
D.C. Code § 28-3903 — DC Code / Title 28 / Chapter 39 / § 28-3903
§ 28-3903. Powers of the consumer protection agency.
Status: in_force

(a) The Department, in its discretion, may:
  (1) receive and investigate any consumer complaint and initiate its own investigation of deceptive, unfair, or unlawful trade practices against consumers where the:
    (i) amount in controversy totals $250 or more; or
    (ii) case, or cases, indicates a pattern or practice of abuse on the part of a business or industry;
  (2) issue summonses and subpoenas to compel the production of documents, papers, books, records, and other evidence, hold hearings, compel the attendance of witnesses, administer oaths, and take the testimony of any person under oath, concerning any trade practice;
  (3) issue cease and desist orders with respect to trade practices determined to be in violation of District law by the Department;
  (4) report to appropriate governmental agencies any information concerning violation of any law;
  (5) present the interest of consumers before administrative and regulatory agencies and legislative bodies;
  (6) assist, advise, and cooperate with private, local and federal agencies and officials to protect and promote the interest of the District of Columbia consumer public;
  (7) assist, develop, and conduct programs of consumer education and information through public hearings, meetings, publications, or other materials prepared for distribution to the consumer public of the District of Columbia;
  (8) undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services and in the extension of credit;
  (9) exercise and perform such other functions and duties consistent with the purposes or provisions of this chapter which may be deemed necessary or appropriate to protect and promote the welfare of District of Columbia consumers;
  (10) [repealed];
  (11) implead and interplead persons who are properly parties to a case before the Department under section 28-3905;
  (12) negotiate, agree to, and sign consent decrees;
  (13) determine whether a person has executed a trade practice in violation of any law of the District of Columbia, and provide full remedy for such violation by:
    (A) damages in contract, and orders for restitution, rescission, reformation, repair, and replacement,
    (B) stipulations, conditions, and directives, both temporary and permanent, of all kinds,
    (C) enforcement of orders and decrees, collection of civil penalties, and other activities, in the courts,
    (D) and other lawful methods;
  (14) maintain both confidential and public records, and publicize its own actions, in accordance with section 28-3905;
  (15) [repealed];
  (16) appoint private attorneys from the District of Columbia bar, who shall take action in the name of the Department, and shall promulgate regulations implementing this provision, in order to assist in the enforcement of any consumer complaint; and
  (17) impose civil fines, pursuant to Chapter 18 of Title 2 , as alternative sanctions for any violation of the provisions of this chapter or of any rules issued under the authority of this chapter. Any violation of this chapter, or of any rule issued under the authority of this chapter, shall be a Class 2 infraction pursuant to 16 DCMR § 3200.1(b), unless the violation is classified otherwise pursuant to rules issued by the Department.
(b) The Department shall:
  (1) perform the functions of the Mayor, Department of Consumer Affairs, Board of Consumer Goods Repairs Services or Department of Economic Development in:
    (A) the District of Columbia Consumer Credit Protection Act of 1971 (Title 28, Chapters 36, 37, 38, et al.),
    (B) the District of Columbia Consumer Retail Credit Regulation (16 DCMR Ch. 1),
    (C) the District of Columbia Consumer Goods Repair Regulation (16 DCMR Ch. 6); and
    (D) the District of Columbia Consumer LayAway Plan Act (section 28-3818);
  (2) render annual reports to the Council and the Mayor as to the number of complaints filed and the nature, status, and disposition thereof, and about the other activities of the Department undertaken during the previous year.
(c) The Department may not:
  (1) order damages for personal injury of a tortious nature;
  (2) apply the provisions of section 28-3905 to:
    (A) landlord-tenant relations;
    (B) persons subject to regulation by the Public Service Commission of the District of Columbia;
    (C) professional services of clergymen, lawyers, and Christian Science practitioners engaging in their respective professional endeavors;
    (D) a television or radio broadcasting station or publisher or printer of a newspaper, magazine, or other form of printed advertising, which broadcasts, publishes, or prints an advertisement which violates District law, except insofar as such station, publisher or printer engages in a trade practice which violates District law in selling or offering for sale its own goods or services, or has knowledge of the advertising being in violation of District law; or
    (E) an action of an agency of government.
(d) The Attorney General may bring an action pursuant to [§ 31-106.02e(f)] , for a violation of [§§] [31-106.02] , [31-106.02a] , [31-106.02b] , [31-106.02c] , [31-106.02d] or [31-106.02e(a)] [.]
D.C. Code § 28:11-108 — DC Code / Title 28 / Chapter  / § 28:11-108
§ 28:11-108. Presumption that rule of law continues unchanged.
Status: in_force

Unless a change in law has clearly been made, the provisions of this act shall be deemed declaratory of the meaning of the Uniform Commercial Code, effective January 1, 1965.
D.C. Code § 28-2501 — DC Code / Title 28 / Chapter 25 / § 28-2501
§ 28-2501. Definitions.
Status: in_force

A bond, when required by or referred to in this Code, means an obligation in a certain sum or penalty, subject to a condition, on breach of which it is to become absolute and enforceable by action.
An undertaking means an agreement entered into by a party to a suit or proceeding, with or without sureties, upon which a judgment or decree may be rendered in the same suit or proceeding against the party and his sureties, if any, the party and sureties submitting themselves to the jurisdiction of the court for that purpose.
D.C. Code § 28-3801 — DC Code / Title 28 / Chapter 38 / § 28-3801
§ 28-3801. Scope — Limitation on agreements and practices.
Status: in_force

This subchapter applies to actions to enforce rights arising from a consumer credit sale or a direct installment loan.
D.C. Code § 28:9-520 — DC Code / Title 28 / Chapter  / § 28:9-520
§ 28:9-520. Acceptance and refusal to accept record.
Status: in_force

(a) A filing office shall refuse to accept a record for filing for a reason set forth in § 28:9-516(b) and may refuse to accept a record for filing only for a reason set forth in § 28:9-516(b) .
(b) If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule, but in no event more than 2 business days after the filing office receives the record.
(c) A filed financing statement satisfying § 28:9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, § 28:9-338 applies to a filed financing statement providing information described in § 28:9-516(b)(5) which is incorrect at the time the financing statement is filed.
(d) If a record communicated to a filing office provides information that relates to more than 1 debtor, this part applies as to each debtor separately.
D.C. Code § 28-3807 — DC Code / Title 28 / Chapter 38 / § 28-3807
§ 28-3807. Negotiable instruments prohibited.
Status: in_force

(a) In a consumer credit sale, no seller shall take or otherwise arrange for the consumer to sign an instrument, except a check, payable “to order” or “to bearer” as evidence of the credit obligation of the consumer.
(b) Any holder of an instrument prohibited by subsection (a) of this section 28-3807, if he takes it with knowledge of a violation of this section, takes it subject to all claims and defenses of the consumer up to the amount owing on the transaction total at the time of the assignment.
D.C. Code § 28:2A-524 — DC Code / Title 28 / Chapter  / § 28:2A-524
§ 28:2A-524. Lessor’s right to identify goods to lease contract.
Status: in_force

(a) A lessor aggrieved under § 28:2A-523(a) may:
  (1) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor’s or the supplier’s possession or control; and
  (2) Dispose of goods ( § 28:2A-527(a) ) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
(b) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
D.C. Code § 28:5-111 — DC Code / Title 28 / Chapter  / § 28:5-111
§ 28:5-111. Remedies.
Status: in_force

(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer’s obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant’s election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant’s recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.
(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.
(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b) of this section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b) of this section.
(d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) of this section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.
(e) Reasonable attorney’s fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this article.
(f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.
D.C. Code § 28-3312 — DC Code / Title 28 / Chapter 33 / § 28-3312
§ 28-3312. Unlawful practices.
Status: in_force

It shall be a violation of this chapter for any lender to:
(1) misrepresent as to a material fact;
(2) fail to state a material fact;
(3) disparage the services or business of another by false or misleading representations of material facts;
(4) advertise or offer services without the intent to provide them or without the intent to provide them as advertised or offered;
(5) include in the loan or financial transaction agreement an acceleration clause under which any part or all of the unpaid balance of the loan or financial transaction not yet matured may be declared due and payable for any reason other than due to default by the borrower in the payment or in accordance with another term of the agreement; or
(6) include in the loan or financial transaction agreement any provision by which the borrower waives any right accruing to him under the provisions of this chapter.
D.C. Code § 28:4-401 — DC Code / Title 28 / Chapter  / § 28:4-401
§ 28:4-401. When bank may charge customer’s account.
Status: in_force

(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 28:4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 28:4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 28:4-402.
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
  (1) The original terms of the altered item; or
  (2) The terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
D.C. Code § 28:2-713 — DC Code / Title 28 / Chapter  / § 28:2-713
§ 28:2-713. Buyer’s damages for non-delivery or repudiation.
Status: in_force

(1) Subject to the provisions of this article with respect to proof of market price (section 28:2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (section 28:2-715), but less expenses saved in consequence of the seller’s breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
D.C. Code § 28:9-804 — DC Code / Title 28 / Chapter  / § 28:9-804
§ 28:9-804. Security interest unperfected before applicability date.
Status: in_force

A security interest that is an unperfected security interest immediately before the applicability date becomes a perfected security interest:
(1) Without further action, on the applicability date, if the applicable requirements for perfection under Article 9 as amended by the 2012 Act are satisfied before or at that time; or
(2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
D.C. Code § 28:2-208 — DC Code / Title 28 / Chapter  / § 28:2-208
§ 28:2-208. Course of performance or practical construction.
Status: repealed

Repealed.
D.C. Code § 28-5210 — DC Code / Title 28 / Chapter 52 / § 28-5210
§ 28-5210. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the provisions of this chapter.
D.C. Code § 28:2A-215 — DC Code / Title 28 / Chapter  / § 28:2A-215
§ 28:2A-215. Cumulation and conflict of warranties express or implied.
Status: in_force

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(1) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(2) A sample from an existing bulk displaces inconsistent general language of description.
(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
D.C. Code § 28:2-304 — DC Code / Title 28 / Chapter  / § 28:2-304
§ 28:2-304. Price payable in money, goods, realty, or otherwise.
Status: in_force

(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.
(2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller’s obligations with reference to them are subject to this article, but not the transfer of the interest in realty or the transferor’s obligations in connection therewith.
D.C. Code § 28:4A-212 — DC Code / Title 28 / Chapter  / § 28:4A-212
§ 28:4A-212. Liability and duty of receiving bank regarding unaccepted payment order.
Status: in_force

If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in § 28:4A-209 , and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this article or by express agreement.
D.C. Code § 28:8-301 — DC Code / Title 28 / Chapter  / § 28:8-301
§ 28:8-301. Delivery.
Status: in_force

(a) Delivery of a certificated security to a purchaser occurs when:
  (1) The purchaser acquires possession of the security certificate;
  (2) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or
  (3) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is:
    (A) registered in the name of the purchaser;
    (B) payable to the order of the purchaser; or
    (C) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.
(b) Delivery of an uncertificated security to a purchaser occurs when:
  (1) The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or
  (2) Another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.
D.C. Code § 28-3902 — DC Code / Title 28 / Chapter 39 / § 28-3902
§ 28-3902. Department of Licensing and Consumer Protection as consumer protection agency.
Status: in_force

(a) The Department of Licensing and Consumer Protection shall be the principal consumer protection agency of the District of Columbia government and shall carry out the purposes of this chapter.
(b) Repealed.
(c) The Director of the Department of Licensing and Consumer Protection shall exercise the powers set forth in section 28-3905 through the Office of Compliance, and shall appoint a Chief of the Office of Compliance from among active members of the unified District of Columbia Bar. The Chief of the Office of Compliance may carry out investigative, conciliatory, and other duties assigned by the Director.
(d) Repealed.
(e) The Mayor shall appoint one or more attorneys qualified to serve as administrative law judges or attorney examiners to conduct adjudicatory proceedings. Any administrative law judge or attorney examiner appointed pursuant to this subsection may hear cases pursuant to § 2-1801.03 .
(f) Repealed.
(g) Repealed.
(h) Repealed.
(i) Notwithstanding any other provision of District law, enforcement of this chapter by the Department of Licensing and Consumer Protection is suspended until October 1, 2002. This subsection shall not prevent the Department of Licensing and Consumer Protection from cooperating with, and making appropriate referrals to, another law enforcement agency.
D.C. Code § 28-4523 — DC Code / Title 28 / Chapter 45A / § 28-4523
§ 28-4523. Exceptions.
Status: in_force

The prohibitions of § 28-4522 shall not apply to any sale made:
(1) In closing out in good faith the wholesaler’s or retailer’s stock, or any part thereof, for the purpose of discontinuing the wholesaler’s or retailer’s trade in any such stock, and in the case of the sale of seasonal goods or the bona fide sale of perishable goods to prevent loss to the wholesaler or retailer by spoilage or depreciation, if adequate notice is given to the public;
(2) When the goods are damaged or deteriorated in quality and notice is given to the public;
(3) By a person affected by this chapter acting under the order of any court of competent jurisdiction;
(4) In an endeavor made in good faith to meet the legal prices of a competitor selling the same article or product or service in the same locality or trade area;
(5) When the product or article is sold upon the final liquidation of a business of the wholesaler or retailer;
(6) Where the article or product is sold for charitable purposes or to relief agencies; or
(7) Where the article or product is sold on contract to any agency or department of the District of Columbia or of the federal, any state, or other local government.
D.C. Code § 28:3-417 — DC Code / Title 28 / Chapter  / § 28:3-417
§ 28:3-417. Presentment warranties.
Status: in_force

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that:
  (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
  (2) The draft has not been altered;
  (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized; and
  (4) With respect to any remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection.
(c) If a drawee asserts a claim for breach of warranty under subsection (a) of this section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under section 28:3-404 or 28:3-405 or the drawer is precluded under section 28:3-406 or 28:4-406 from asserting against the drawee the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the drawer or an indorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply:
  (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.
  (2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
D.C. Code § 28-3909 — DC Code / Title 28 / Chapter 39 / § 28-3909
§ 28-3909. Restraining prohibited acts.
Status: in_force

(a) Notwithstanding any provision of law to the contrary, if the Attorney General for the District of Columbia has reason to believe that any person is using or intends to use any method, act, or practice in violation of section 28-3803 , 28-3805 , 28-3807 , 28-3810 , 28-3811 , 28-3812 , 28-3814 , 28-3817 , 28-3818 , 28-3819 , 28-3851 , 28-3852 , [28-3852.01] , [28-3852.02] , or 28-3904 , and if it is in the public interest, the Attorney General, in the name of the District of Columbia, may bring an action in the Superior Court of the District of Columbia to obtain a temporary or permanent injunction prohibiting the use of the method, act, or practice and requiring the violator to take affirmative action, including the restitution of money or property.  In any action under this section, the Attorney General shall not be required to prove damages and the injunction shall be issued without bond.
(b) In addition, in an action under this section, the Attorney General for the District of Columbia may recover:
  (1) From a merchant who engaged in a first violation of section 28-3803 , 28-3805 , 28-3807 , 28-3810 , 28-3811 , 28-3812 , 28-3814 , 28-3817 , 28-3818 , 28-3819 , 28-3851 , 28-3852 , [28-3852.01] , [28-3852.02] , or 28-3904 , a civil penalty of not more than $5,000 for each violation;
  (2) From a merchant who engaged in a first violation of section 28-3803 , 28-3805 , 28-3807 , 28-3810 , 28-3811 , 28-3812 , 28-3814 , 28-3817 , 28-3818 , 28-3819 , 28-3851 , 28-3852 , [28-3852.01] , [28-3852.02] , or 28-3904 and who subsequently repeats the same violation, a civil penalty of not more than $10,000 for each subsequent violation;
  (3) Economic damages; and
  (4) The costs of the action and reasonable attorneys' fees.
(c) The Attorney General for the District of Columbia may also:
  (1) represent the interests of consumers before administrative and regulatory agencies and legislative bodies;
  (2) assist, advise, and cooperate with private, local, and federal agencies and officials to protect and promote the interests of consumers;
  (3) assist, develop, and conduct programs of consumer education and information through public hearings, meetings, publications, or other materials prepared for distribution to consumers;
  (4) undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services and in the extension of consumer credit;
  (5) perform other functions and duties which are consistent with the purposes or provisions of this chapter, and with the Attorney General's role as parens patriae , which may be necessary or appropriate to protect and promote the welfare of consumers;
  (6) negotiate and enter into agreements for compliance by merchants with the provisions of this chapter; or
  (7) publicize its own actions taken in the interests of consumers.
(d) The Attorney General for the District of Columbia may apply the provisions and exercise the duties of this section to landlord-tenant relations.
D.C. Code § 28-3913 — DC Code / Title 28 / Chapter 39 / § 28-3913
§ 28-3913. Rules.
Status: in_force

The Mayor may issue rules necessary to carry out this chapter. Rules proposed pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day review period, the proposed rules shall be deemed disapproved.
D.C. Code § 28-3109 — DC Code / Title 28 / Chapter 31 / § 28-3109
§ 28-3109. Extinguishment of cause of action.
Status: in_force

A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:
(1) Under section 28-3104(a)(1), within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was, or could reasonably have been discovered by the claimant;
(2) Under section 28-3104(a)(2) or section 28-3105(a), within 4 years after the transfer was made or the obligation was incurred; or
(3) Under section 28-3105(b), within 1 year after the transfer was made or the obligation was incurred.
D.C. Code § 28:4-211 — DC Code / Title 28 / Chapter  / § 28:4-211
§ 28:4-211. When bank gives value for purposes of holder in due course.
Status: in_force

For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of section 28:3-302   on what constitutes a holder in due course.
D.C. Code § 28-4804.14 — DC Code / Title 28 / Chapter 48 / § 28-4804.14
§ 28-4804.14. Derivatives and options.
Status: in_force

(a) For the purposes of this section, the term “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.
(b) To the extent that a trustee does not account under § 28-4804.03 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.
(c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal.
D.C. Code § 28-3102 — DC Code / Title 28 / Chapter 31 / § 28-3102
§ 28-3102. Insolvency.
Status: in_force

(a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets, at a fair valuation.
(b) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets, and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.
(d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
D.C. Code § 28:2A-501 — DC Code / Title 28 / Chapter  / § 28:2A-501
§ 28:2A-501. Default: procedure.
Status: in_force

(a) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.
(b) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this Article, as provided in the lease agreement.
(c) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party’s claim to judgment, or otherwise enforce the lease contract by self help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this article.
(d) Except as otherwise provided in § 28:1-305(a) or this article or the lease agreement, the rights and remedies referred to in subsections (b) and (c) of this section are cumulative.
(e) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party’s rights and remedies in respect of the real property, in which case this part does not apply.
D.C. Code § 28:12-106 — DC Code / Title 28 / Chapter  / § 28:12-106
§ 28:12-106. Discharge of account debtor on controllable account or controllable payment intangible.
Status: in_force

(a) An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying:
  (1) The person having control of the controllable electronic record that evidences the controllable account or controllable payment intangible; or
  (2) Except as provided in subsection (b) of this section, a person that formerly had control of the controllable electronic record.
(b) Subject to subsection (d) of this section, the account debtor may not discharge its obligation by paying a person that formerly had control of the controllable electronic record if the account debtor receives a notification that:
  (1) Is signed by a person that formerly had control or the person to which control was transferred;
  (2) Reasonably identifies the controllable account or controllable payment intangible;
  (3) Notifies the account debtor that control of the controllable electronic record that evidences the controllable account or controllable payment intangible was transferred;
  (4) Identifies the transferee, in any reasonable way, including by name, identifying number, cryptographic key, office, or account number; and
  (5) Provides a commercially reasonable method by which the account debtor is to pay the transferee.
(c) After receipt of a notification that complies with subsection (b) of this section, the account debtor may discharge its obligation by paying in accordance with the notification and may not discharge the obligation by paying a person that formerly had control.
(d) Subject to subsection (h) of this section, notification is ineffective under subsection (b) of this section:
  (1) Unless, before the notification is sent, the account debtor and the person that, at that time, had control of the controllable electronic record that evidences the controllable account or controllable payment intangible agree in a signed record to a commercially reasonable method by which a person may furnish reasonable proof that control has been transferred;
  (2) To the extent an agreement between the account debtor and seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this article ; or
  (3) At the option of the account debtor, if the notification notifies the account debtor to:
    (A) Divide a payment;
    (B) Make less than the full amount of an installment or other periodic payment; or
    (C) Pay any part of a payment by more than one method or to more than one person.
(e) Subject to subsection (h) of this section, if requested by the account debtor, the person giving the notification under subsection (b) of this section seasonably shall furnish reasonable proof, using the method in the agreement referred to in subsection (d)(1) of this section, that control of the controllable electronic record has been transferred. Unless the person complies with the request, the account debtor may discharge its obligation by paying a person that formerly had control, even if the account debtor has received a notification under subsection (b) of this section.
(f) A person furnishes reasonable proof under subsection (e) of this section that control has been transferred if the person demonstrates, using the method in the agreement referred to in subsection (d)(1) of this section, that the transferee has the power to:
  (1) Avail itself of substantially all the benefit from the controllable electronic record;
  (2) Prevent others from availing themselves of substantially all the benefit from the controllable electronic record; and
  (3) Transfer the powers specified in paragraphs (1) and (2) of this subsection to another person.
(g) Subject to subsection (h) of this section, an account debtor may not waive or vary its rights under subsections (d)(1) and (e) of this section or its option under subsection (d)(3) of this section.
(h) 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.
D.C. Code § 28:9-405 — DC Code / Title 28 / Chapter  / § 28:9-405
§ 28:9-405. Modification of assigned contract.
Status: in_force

(a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d).
(b) Subsection (a) applies to the extent that:
  (1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
  (2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under § 28:9-406(a) .
(c) 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.
(d) This section does not apply to an assignment of a health-care-insurance receivable.
D.C. Code § 28:6-110 — DC Code / Title 28 / Chapter  / § 28:6-110
§ 28:6-110. Limitation of actions.
Status: repealed

Repealed.
D.C. Code § 28:2-402 — DC Code / Title 28 / Chapter  / § 28:2-402
§ 28:2-402. Rights of seller’s creditors against sold goods.
Status: in_force

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this article (sections 28:2-502 and 28:2-716).
(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.
(3) Nothing in this article shall be deemed to impair the rights of creditors of the seller
  (a) under the provisions of the article on secured transactions (Article 9); or
  (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this article constitute the transaction a fraudulent transfer or voidable preference.
D.C. Code § 28-3808 — DC Code / Title 28 / Chapter 38 / § 28-3808
§ 28-3808. Assignees subject to defenses.
Status: in_force

(a) With respect to a consumer credit sale, an assignee of the rights of the seller or lessor is subject to all claims and defenses of the consumer or lessee arising out of the sale notwithstanding any terms or agreements to the contrary, but the assignee’s liability under this section may not exceed the amount owing to the assignee at the time of the assignment.
(b) Rights of the consumer or lessee can only be asserted as a matter of defense to or set-off against a claim by the assignee.
D.C. Code § 28:5-120 — DC Code / Title 28 / Chapter  / § 28:5-120
§ 28:5-120. Security interest of issuer or nominated person.
Status: in_force

(a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.
(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to Article 9, but:
  (1) A security agreement is not necessary to make the security interest enforceable under § 28:9-203(b)(3) ;
  (2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and
  (3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.
D.C. Code § 28:8-202 — DC Code / Title 28 / Chapter  / § 28:8-202
§ 28:8-202. Issuer’s responsibility and defenses; notice of defect or defense.
Status: in_force

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.
(b) The following rules apply if an issuer asserts that a security is not valid:
  (1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.
  (2) Paragraph (1) of this subsection applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.
(c) Except as otherwise provided in § 28:8-205 , lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.
(d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.
(e) This section does not affect the right of a party to cancel a contract for a security “when, as and if issued” or “when distributed” in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.
(f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.
D.C. Code § 28:3-116 — DC Code / Title 28 / Chapter  / § 28:3-116
§ 28:3-116. Joint and several liability; contribution.
Status: in_force

(a) Except as otherwise provided in the instrument, 2 or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.
(b) Except as provided in section 28:3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.
(c) Repealed.
D.C. Code § 28:4-407 — DC Code / Title 28 / Chapter  / § 28:4-407
§ 28:4-407. Payor bank’s right to subrogation on improper payment.
Status: in_force

If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise  under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:
(1) Of any holder in due course on the item against the drawer or maker;
(2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and
(3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.
D.C. Code § 28:4-107 — DC Code / Title 28 / Chapter  / § 28:4-107
§ 28:4-107. Separate office of bank.
Status: in_force

A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notice or orders must be given under this article and under Article 3.
D.C. Code § 28:9-310 — DC Code / Title 28 / Chapter  / § 28:9-310
§ 28:9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
Status: in_force

(a) Except as otherwise provided in subsection (b) and § 28:9-312(b) , a financing statement must be filed to perfect all security interests and agricultural liens.
(b) The filing of a financing statement is not necessary to perfect a security interest:
  (1) That is perfected under § 28:9-308(d) , (e), (f), or (g);
  (2) That is perfected under § 28:9-309 when it attaches;
  (3) In property subject to a statute, regulation, or treaty described in § 28:9-311(a) ;
  (4) In goods in possession of a bailee which is perfected under § 28:9-312(d)(1) or (2);
  (5) In certificated securities, documents, goods, or instruments which is perfected without filing or possession under § 28:9-312(e) , (f), or (g);
  (6) In collateral in the secured party’s possession under § 28:9-313 ;
  (7) In a certificated security which is perfected by delivery of the security certificate to the secured party under § 28:9-313 ;
  (8) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights which is perfected by control under § 28:9-314 ;
  (8A) In chattel paper which is perfected by possession and control under § 28:9-314A ;
  (9) In proceeds which is perfected under § 28:9-315 ; or
  (10) That is perfected under § 28:9-316 .
(c) If a secured party assigns a perfected security interest or agricultural lien, a filing  under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
D.C. Code § 28:10-103 — DC Code / Title 28 / Chapter  / § 28:10-103
§ 28:10-103. Inconsistent laws; what law governs.
Status: in_force

(a) Except as provided by section 28:10-104, if any provision of law is inconsistent with this subtitle, this subtitle shall govern, unless this subtitle or the inconsistent provision of the other law specifically provides otherwise.
(b) If any provision of this subtitle is inconsistent with the Commissioner’s Order entitled the Regulations Governing the Business of Buying, Selling and Financing of Motor Vehicles in the District of Columbia Department of Licenses and Inspections, issued October 20, 1960 (C.O. 60-2219; 5AA DCRR), the Commissioner’s Order shall govern, unless this subtitle or the inconsistent provision of the Commissioner’s Order specifically provides otherwise.
D.C. Code § 28:2-201 — DC Code / Title 28 / Chapter  / § 28:2-201
§ 28:2-201. Formal requirements; statute of frauds.
Status: in_force

(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is a record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party's authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record.
(2) Between merchants if within a reasonable time a record in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) of this section against the party unless notice in a record of objection to its contents is given within 10 days after it is received.
(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable:
  (a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
  (b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
  (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (section 28:2-606).
D.C. Code § 28-5404 — DC Code / Title 28 / Chapter 54 / § 28-5404
§ 28-5404. Exceptions.
Status: in_force

*NOTE: This section includes amendments by temporary legislation that will expire on August 13, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version .*
(a) The provisions of this chapter shall not apply:
  (1) To retail sales made via mail, phone, or internet;
  (2) To parking facilities that do not already accept cash as a form of payment as of December 1, 2020;
  (3) To a food store or retail establishment that provides a device on premises that converts cash, without charging a fee or requiring a minimum deposit amount greater than 5 dollars, into a prepaid card ("cash-to-card device") that allows a consumer to complete a transaction at the food store or retail establishment; provided, that:
    (A) Upon request, the cash-to-card device shall provide each consumer with a receipt indicating the amount of cash deposited onto the prepaid card;
    (B) The prepaid card shall not be subject to an expiration date and there shall be no limit on the number of transactions that may be completed on the card; and
    (C) In the event that the cash-to-card device malfunctions, the food store or retail establishment where the cash-to-card device is located shall accept, in accordance with this chapter, payment in cash from consumers during the time period in which the cash-to-card device does not function;
  (4) During a period of time for which the Mayor has declared a public health emergency pursuant to [§ 7-2304.01] ; or
  (5) Provided that written, conspicuous notice to the public is displayed on the door of the establishment or menu that cash payments are not accepted, to:
    (A) A retail establishment with a valid on-premises Class C or Class D retailer license; or
    (B) A restaurant location, as that term is defined in § 25-101(43) , that operates:
      (i) Twenty-four hours a day; or
      (ii) At 3:00 am at least 2 days a week.
D.C. Code § 28:9-523 — DC Code / Title 28 / Chapter  / § 28:9-523
§ 28:9-523. Information from filing office; sale or license of records.
Status: in_force

(a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 28:9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
  (1) Note upon the copy the number assigned to the record pursuant to § 28:9-519(a)(1) and the date and time of the filing of the record; and
  (2) Send the copy to the person.
(b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
  (1) The information in the record;
  (2) The number assigned to the record pursuant to § 28:9-519(a)(1) ; and
  (3) The date and time of the filing of the record.
(c) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:
  (1) Whether there is on file on a date and time specified by the filing office, but not a date earlier than 3 business days before the filing office receives the request, any financing statement that:
    (A) Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
    (B) Has not lapsed under § 28:9-515 with respect to all secured parties of record; and
    (C) If the request so states, has lapsed under § 28:9-515 and a record of which is maintained by the filing office under § 28:9-522(a) ;
  (2) The date and time of filing of each financing statement; and
  (3) The information provided in each financing statement.
(d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of the District without extrinsic evidence of its authenticity.
(e) The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than 2 business days after the filing office receives the request.
(f) At least weekly, the Mayor shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office.
D.C. Code § 28-4503 — DC Code / Title 28 / Chapter 45 / § 28-4503
§ 28-4503. Monopolization.
Status: in_force

It shall be unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce, all or any part of which is within the District of Columbia.
D.C. Code § 28-4801.02 — DC Code / Title 28 / Chapter 48 / § 28-4801.02
§ 28-4801.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Accounting period” means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.
(2) “Beneficiary” includes, in the case of a decedent’s estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.
(2A) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(2B) “Domestic partnership” shall have the same meaning as provided in § 32-701(4) .
(3) “Fiduciary” means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.
(4) “Income” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in subchapter IV of this chapter .
(5) “Income beneficiary” means a person to whom net income of a trust is or may be payable.
(6) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee’s discretion.
(7) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.
(8) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period.
(9) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(10) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates.
(11) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends.
(12) “Terms of a trust” means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.
(13) “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
D.C. Code § 28:2-305 — DC Code / Title 28 / Chapter  / § 28:2-305
§ 28:2-305. Open price term.
Status: in_force

(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:
  (a) nothing is said as to price; or
  (b) the price is left to be agreed by the parties and they fail to agree; or
  (c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
(2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.
(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price.
(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
D.C. Code § 28:4-105 — DC Code / Title 28 / Chapter  / § 28:4-105
§ 28:4-105. Definitions of types of banks.
Status: in_force

In this article, the term:
(1) “Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.
(2) “Depositary bank” means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter.
(3) “Payor bank” means a bank that is the drawee of a draft.
(4) “Intermediary bank” means a bank to which an item is transferred in course of collection except the depositary or payor bank.
(5) “Collecting bank” means a bank handling an item for collection except the payor bank.
(6) “Presenting bank” means a bank presenting an item except a payor bank.
D.C. Code § 28:2-206 — DC Code / Title 28 / Chapter  / § 28:2-206
§ 28:2-206. Offer and acceptance in formation of contract.
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances:
  (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
  (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
D.C. Code § 28:8-507 — DC Code / Title 28 / Chapter  / § 28:8-507
§ 28:8-507. Duty of securities intermediary to comply with entitlement order.
Status: in_force

(a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if:
  (1) The securities intermediary acts with respect to the duty 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 comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages.
D.C. Code § 28:9-627 — DC Code / Title 28 / Chapter  / § 28:9-627
§ 28:9-627. Determination of whether conduct was commercially reasonable.
Status: in_force

(a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
  (1) In the usual manner on any recognized market;
  (2) At the price current in any recognized market at the time of the disposition; or
  (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
  (1) In a judicial proceeding;
  (2) By a bona fide creditors’ committee;
  (3) By a representative of creditors; or
  (4) By an assignee for the benefit of creditors.
(d) Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
D.C. Code § 28-2902 — DC Code / Title 28 / Chapter 29 / § 28-2902
§ 28-2902. Registration in name of a fiduciary.
Status: in_force

A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
D.C. Code § 28:8-406 — DC Code / Title 28 / Chapter  / § 28:8-406
§ 28:8-406. Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate.
Status: in_force

If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under § 28:8-404 or a claim to a new security certificate under § 28:8-405 .
D.C. Code § 28-3305 — DC Code / Title 28 / Chapter 33 / § 28-3305
§ 28-3305. Unlawful interest credited on principal debt.
Status: in_force

In an action upon a contract for the payment of money with interest at a rate forbidden by law, any payment of interest that may have been made on account of the contract is deemed to be payment made on account of the principal debt; and judgment shall be rendered for no more than the balance found due after deducting and properly crediting the interest so paid. A bona fide indorsee of negotiable paper purchased before due is not affected by any usury exacted by a former holder of the paper unless he had notice of the usury before his purchase.
D.C. Code § 28:8-402 — DC Code / Title 28 / Chapter  / § 28:8-402
§ 28:8-402. Assurance that indorsement or instruction is effective.
Status: in_force

(a) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized:
  (1) In all cases, a guaranty of the signature of the person making an indorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;
  (2) If the indorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;
  (3) If the indorsement is made or the instruction is originated by a fiduciary pursuant to § 28:8-107(a)(4) or (a)(5), appropriate evidence of appointment or incumbency;
  (4) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and
  (5) If the indorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.
(b) An issuer may elect to require reasonable assurance beyond that specified in this section.
(c) For the purposes of this section, the term:
  (1) “Guaranty of the signature” means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.
  (2) “Appropriate evidence of appointment or incumbency” means:
    (A) 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 60 days before the date of presentation for transfer; or
    (B) 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 an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate.
D.C. Code § 28:9-305 — DC Code / Title 28 / Chapter  / § 28:9-305
§ 28:9-305. Law governing perfection and priority of security interests in investment property.
Status: in_force

(a) Except as otherwise provided in subsection (c), the following rules apply:
  (1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.
  (2) The local law of the issuer’s jurisdiction as specified in § 28:8-110(d) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.
  (3) The local law of the securities intermediary’s jurisdiction as specified in § 28:8-110(e) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.
  (4) The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.
  (5) Paragraphs (2), (3), and (4) of this subsection apply even if the transaction does not bear any relation to the jurisdiction.
(b) The following rules determine a commodity intermediary’s jurisdiction for purposes of this part:
  (1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this part, this article, or Subtitle I of Title 28 , that jurisdiction is the commodity intermediary’s jurisdiction.
  (2) If paragraph (1) of this subsection does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
  (3) If neither paragraph (1) nor paragraph (2) of this subsection applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
  (4) If none of the preceding paragraphs of this subsection applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.
  (5) If none of the preceding paragraphs of this subsection applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.
(c) The local law of the jurisdiction in which the debtor is located governs:
  (1) Perfection of a security interest in investment property by filing;
  (2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and
  (3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.
D.C. Code § 28:9-404 — DC Code / Title 28 / Chapter  / § 28:9-404
§ 28:9-404. Rights acquired by assignee; claims and defenses against assignee.
Status: in_force

(a) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e), the rights of an assignee are subject to:
  (1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and
  (2) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment signed by the assignor or the assignee.
(b) Subject to subsection (c) and except as otherwise provided in subsection (d), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) only to reduce the amount the account debtor owes.
(c) 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.
(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 account debtor’s recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.
(e) This section does not apply to an assignment of a health-care-insurance receivable.
D.C. Code § 28:7-204 — DC Code / Title 28 / Chapter  / § 28:7-204
§ 28:7-204. Duty of care; contractual limitation of warehouse’s liability.
Status: in_force

(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse’s liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse’s liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
D.C. Code § 28-4103 — DC Code / Title 28 / Chapter 41 / § 28-4103
§ 28-4103. Penalties.
Status: in_force

(a) (1) A person who violates § 28-4102(a) shall be subject to a fine of not more than $1,000.
  (2) The Mayor may revoke, suspend, or limit the license, permit, or certificate of occupancy of a person who violates § 28-4102(a) .
(b) A violation of § 28-4102(a) shall be a civil infraction for the purposes of [Chapter 18 of Title 2] . Civil fines, penalties, and fees may be imposed as sanctions for any infraction, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
D.C. Code § 28:9-312 — DC Code / Title 28 / Chapter  / § 28:9-312
§ 28:9-312. Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, negotiable documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
Status: in_force

(a) A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing.
(b) Except as otherwise provided in § 28:9-315(c) and (d) for proceeds:
  (1) A security interest in a deposit account may be perfected only by control under § 28:9-314 ;
  (2) And except as otherwise provided in § 28:9-308(d) , a security interest in a letter-of-credit right may be perfected only by control under § 28:9-314 ;
  (3) A security interest in tangible money may be perfected only by the secured party's taking possession under § 28:9-313 ; and
  (4) A security interest in electronic money may be perfected only by control under § 28:9-314 .
(c) While goods are in the possession of a bailee that has issued a negotiable document covering the goods:
  (1) A security interest in the goods may be perfected by perfecting a security interest in the document; and
  (2) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.
(d) While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:
  (1) Issuance of a document in the name of the secured party;
  (2) The bailee’s receipt of notification of the secured party’s interest; or
  (3) Filing as to the goods.
(e) A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under a signed security agreement.
(f) A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
  (1) Ultimate sale or exchange; or
  (2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange.
(g) A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:
  (1) Ultimate sale or exchange; or
  (2) Presentation, collection, enforcement, renewal, or registration of transfer.
(h) After the 20-day period specified in subsection (e), (f), or (g) expires, perfection depends upon compliance with this article.
D.C. Code § 28:9-701 — DC Code / Title 28 / Chapter  / § 28:9-701
§ 28:9-701. Effective date.
Status: in_force

This article takes effect on July 1, 2001.
D.C. Code § 28:2A-213 — DC Code / Title 28 / Chapter  / § 28:2A-213
§ 28:2A-213. Implied warranty of fitness for particular purpose.
Status: in_force

Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
D.C. Code § 28:2A-521 — DC Code / Title 28 / Chapter  / § 28:2A-521
§ 28:2A-521. Lessee’s right to specific performance or replevin.
Status: in_force

(a) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(b) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.
(c) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
D.C. Code § 28:3-501 — DC Code / Title 28 / Chapter  / § 28:3-501
§ 28:3-501. Presentment.
Status: in_force

(a) “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.
(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
  (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of 2 or more makers, acceptors, drawees, or other payors.
  (2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
  (3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
  (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
D.C. Code § 28:2A-208 — DC Code / Title 28 / Chapter  / § 28:2A-208
§ 28:2A-208. Modification, rescission, and waiver.
Status: in_force

(a) An agreement modifying a lease contract needs no consideration to be binding.
(b) A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(c) Although an attempt at modification or rescission does not satisfy the requirements of subsection (b) of this section, it may operate as a waiver.
(d) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
D.C. Code § [28-3852.02] — DC Code / Title 28 / Chapter 38 / § [28-3852.02]
§ [28-3852.02]. Remedies.
Status: in_force

When a person or entity experiences a breach of the security of the system that requires notification under § 28-3852(a) or (b) , and such breach includes or is reasonably believed to include a social security number or taxpayer identification number, the person or entity shall offer to each District resident whose social security number or tax identification number was released identity theft protection services at no cost to such District resident for a period of not less than 18 months.  The person or entity that experienced the breach of the security of its system shall provide all information necessary for District residents to enroll in the services required under this section.
D.C. Code § 28:9-803 — DC Code / Title 28 / Chapter  / § 28:9-803
§ 28:9-803. Security interest perfected before applicability date.
Status: in_force

(a) A security interest that is a perfected security interest immediately before the applicability date is a perfected security interest under Article 9 as amended by the 2012 Act if, on the applicability date, the applicable requirements for attachment and perfection under Article 9 as amended by 2012 Act are satisfied without further action.
(b) Except as otherwise provided in § 28:9-805 , if, immediately before the applicability date, a security interest is a perfected security interest, but the applicable requirements for perfection under Article 9 as amended by the 2012 Act are not satisfied on the applicability date, the security interest remains perfected thereafter only if the applicable requirements for perfection under Article 9 as amended by the 2012 Act are satisfied within one year after the applicability date.
D.C. Code § 28:3-101 — DC Code / Title 28 / Chapter  / § 28:3-101
§ 28:3-101. Short title.
Status: in_force

This article may be cited as the “Uniform Commercial Code—Negotiable Instruments”.
D.C. Code § 28:2A-103 — DC Code / Title 28 / Chapter  / § 28:2A-103
§ 28:2A-103. Definitions and index of definitions.
Status: in_force

(a) In this article unless the context otherwise requires:
  (1) “Buyer in ordinary course of business” means a person who in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. “Buying” may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a pre-existing contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
  (2) “Cancellation” occurs when either party puts an end to the lease contract for default by the other party.
  (3) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of lease 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 a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
  (4) “Conforming” goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.
  (5) “Consumer lease” means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000.
  (6) “Fault” means wrongful act, omission, breach, or default.
  (7) “Finance lease” means a lease with respect to which:
    (A) The lessor does not select, manufacture, or supply the goods;
    (B) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
    (C) One of the following occurs:
      (i) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
      (ii) The lessee’s approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
      (iii) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimer of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
      (iv) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies.
  (8) “Goods” means all things that are movable at the time of identification to the lease contract, or are fixtures ( § 28:2A-309 ), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
  (8A) "Hybrid lease" means a single transaction involving a lease of goods and:
    (A) The provision of services;
    (B) A sale of other goods; or
    (C) A sale, lease, or license of property other than goods.
  (9) “Installment lease contract” means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause “each delivery is a separate lease” or its equivalent.
  (10) “Lease” means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.
  (11) “Lease agreement” means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
  (12) “Lease contract” means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
  (13) “Leasehold interest” means the interest of the lessor or the lessee under a lease contract.
  (14) “Lessee” means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
  (15) “Lessee in ordinary course of business” means a person who in good faith and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. “Leasing” may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a pre-existing lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
  (16) “Lessor” means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
  (17) “Lessor’s residual interest” means the lessor’s interest in the goods after expiration, termination, or cancellation of the lease contract.
  (18) “Lien” means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.
  (19) “Lot” means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.
  (20) “Merchant lessee” means a lessee that is a merchant with respect to goods of the kind subject to the lease.
  (21) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
  (22) “Purchase” includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.
  (23) “Sublease” means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
  (24) “Supplier” means a person from whom a lessor buys or leases goods to be leased under a finance lease.
  (25) “Supply contract” means a contract under which a lessor buys or leases goods to be leased.
  (26) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.
(b) Other definitions applying to this article and the sections in which they appear are:
“Accessions”. § 28:2A-310(a) .
“Construction mortgage”. § 28:2A-309(a)(4) .
“Encumbrance”. § 28:2A-309(a)(5) .
“Fixture filing”. § 28:2A-309(a)(2) .
“Fixtures”. § 28:2A-309(a)(1) .
“Purchase money lease”. § 28:2A-309(a)(3) .
(c) The following definitions in other articles apply to this article:
“Account”. § 28:9-102(a)(2) .
“Between merchants”. § 28:2-104(3) .
“Buyer”. § 28:2-103(1)(a) .
“Chattel paper”. § 28:9-102(a)(11) .
“Consumer goods”. § 28:9-102(a)(23) .
“Document.” § 28:9-102(a)(30) .
“Entrusting”. § 28:2-403(3) .
“General intangibles”. § 28:9-102(a)(42) .
“Instrument”. § 28:9-102(a)(47) .
“Merchant”. § 28:2-104(1) .
“Mortgage”. § 28:9-102(a)(55) .
“Pursuant to commitment”. § 28:9-102(a)(69) .
“Receipt”. § 28:2-103(1)(c) .
“Sale”. § 28:2-106(1) .
“Sale on approval”. § 28:2-326 .
“Sale or return”. § 28:2-326 .
“Seller”. § 28:2-103(1)(d) .
(d) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
D.C. Code § 28:2-721 — DC Code / Title 28 / Chapter  / § 28:2-721
§ 28:2-721. Remedies for fraud.
Status: in_force

Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
D.C. Code § 28-4552 — DC Code / Title 28 / Chapter 45B / § 28-4552
§ 28-4552. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Affected party” means any person directly or indirectly affected by excessive prices of patented prescription drugs, including any organization representing such persons or any person or organization representing the public interest.
(2) “High income country” means the United Kingdom, Germany, Canada, or Australia.
D.C. Code § 28-4804.01 — DC Code / Title 28 / Chapter 48 / § 28-4804.01
§ 28-4804.01. Character of receipts.
Status: in_force

(a) For the purposes of this section, the term “entity” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or estate to which § 28-4804.02 applies, a business or activity to which § 28-4804.03 applies, or an asset-backed security to which § 28-4804.15 applies.
(b) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.
(c) A trustee shall allocate the following receipts from an entity to principal:
  (1) Property other than money;
  (2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity;
  (3) Money received in total or partial liquidation of the entity; and
  (4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.
(d) Money is received in partial liquidation:
  (1) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or
  (2) If the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial receipt.
(e) Money is not received in partial liquidation, nor may it be taken into account under subsection (d)(2) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.
(f) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors.
D.C. Code § 28:3-108 — DC Code / Title 28 / Chapter  / § 28:3-108
§ 28:3-108. Payable on demand or at definite time.
Status: in_force

(a) A promise or order is “payable on demand” if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.
(b) A promise or order is “payable at a definite time” if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.
(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
D.C. Code § 28-4803.03 — DC Code / Title 28 / Chapter 48 / § 28-4803.03
§ 28-4803.03. Apportionment when income interest ends.
Status: in_force

(a) For the purposes of this section, the term “undistributed income” means net income received before the date on which an income interest ends. The term “undistributed income” does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.
(b) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal.
(c) When a trustee’s obligation to pay a fixed annuity or a fixed fraction of the value of the trust’s assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax requirements.
D.C. Code § 28:2-615 — DC Code / Title 28 / Chapter  / § 28:2-615
§ 28:2-615. Excuse by failure of presupposed conditions.
Status: in_force

Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:
(a) delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.
(b) where the causes mentioned in paragraph (a) affect only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.
(c) the seller must notify the buyer seasonably that there will be delay or non-delivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.
D.C. Code § 28:3-306 — DC Code / Title 28 / Chapter  / § 28:3-306
§ 28:3-306. Claims to an instrument.
Status: in_force

A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
D.C. Code § 28:9-618 — DC Code / Title 28 / Chapter  / § 28:9-618
§ 28:9-618. Rights and duties of certain secondary obligors.
Status: in_force

(a) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
  (1) Receives an assignment of a secured obligation from the secured party;
  (2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or
  (3) Is subrogated to the rights of a secured party with respect to collateral.
(b) An assignment, transfer, or subrogation described in subsection (a):
  (1) Is not a disposition of collateral under § 28:9-610 ; and
  (2) Relieves the secured party of further duties under this article.
D.C. Code § 28:3-416 — DC Code / Title 28 / Chapter  / § 28:3-416
§ 28:3-416. Transfer warranties.
Status: in_force

(a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:
  (1) The warrantor is a person entitled to enforce the instrument;
  (2) All signatures on the instrument are authentic and authorized;
  (3) The instrument has not been altered;
  (4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor;
  (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and
  (6) With respect to a remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(b) A person to whom the warranties under subsection (a) of this section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(c) The warranties stated in subsection (a) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
D.C. Code § 28:2-512 — DC Code / Title 28 / Chapter  / § 28:2-512
§ 28:2-512. Payment by buyer before inspection.
Status: in_force

(1) Where the contract requires payment before inspection non-conformity of the goods does not excuse the buyer from so making payment unless
  (a) the non-conformity appears without inspection; or
  (b) despite tender of the required documents the circumstances would justify injunction against honor under this subtitle (section 28:5-109(b)).
(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies.
D.C. Code § 28:2-610 — DC Code / Title 28 / Chapter  / § 28:2-610
§ 28:2-610. Anticipatory repudiation.
Status: in_force

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (section 28:2-703 or section 28:2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 28:2-704).
D.C. Code § 28:9-107 — DC Code / Title 28 / Chapter  / § 28:9-107
§ 28:9-107. Control of letter-of-credit right.
Status: in_force

A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under § 28:5-114(c) or otherwise applicable law or practice.
D.C. Code § 28:9-620 — DC Code / Title 28 / Chapter  / § 28:9-620
§ 28:9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
Status: in_force

(a) Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
  (1) The debtor consents to the acceptance under subsection (c);
  (2) The secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal signed by:
    (A) A person to which the secured party was required to send a proposal under § 28:9-621 ; or
    (B) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
  (3) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
  (4) Subsection (e) of this section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 28:9-624 .
(b) A purported or apparent acceptance of collateral under this section is ineffective unless:
  (1) The secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and
  (2) The conditions of subsection (a) of this section are met.
(c) For purposes of this section:
  (1) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default; and
  (2) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default or the secured party:
    (A) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
    (B) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
    (C) Does not receive a notification of objection signed by the debtor within 20 days after the proposal is sent.
(d) To be effective under subsection (a)(2), a notification of objection must be received by the secured party:
  (1) In the case of a person to which the proposal was sent pursuant to § 28:9-621 , within 20 days after notification was sent to that person; and
  (2) In other cases:
    (A) Within 20 days after the last notification was sent pursuant to § 28:9-621 ; or
    (B) If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this section.
(e) A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 28:9-610 within the time specified in subsection (f) if:
  (1) 60 percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
  (2) 60 percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
(f) To comply with subsection (e), the secured party shall dispose of the collateral:
  (1) Within 90 days after taking possession; or
  (2) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.
(g) In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
D.C. Code § 28:8-201 — DC Code / Title 28 / Chapter  / § 28:8-201
§ 28:8-201. Issuer.
Status: in_force

(a) With respect to an obligation on or a defense to a security, an “issuer” includes a person that:
  (1) Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;
  (2) Creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;
  (3) Directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or
  (4) Becomes responsible for, or in place of, another person described as an issuer in this section.
(b) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.
(c) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.
D.C. Code § 28:2A-530 — DC Code / Title 28 / Chapter  / § 28:2A-530
§ 28:2A-530. Lessor’s incidental damages.
Status: in_force

Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or otherwise resulting from the default.
D.C. Code § 28-4805.03 — DC Code / Title 28 / Chapter 48 / § 28-4805.03
§ 28-4805.03. Transfers from income to principal for depreciation.
Status: in_force

(a) For the purposes of this section, the term “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than one year.
(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
  (1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
  (2) During the administration of a decedent’s estate; or
  (3) Under this section if the trustee is accounting under § 28-4804.03 for the business or activity in which the asset is used.
(c) An amount transferred to principal need not be held as a separate fund.
D.C. Code § 28:2-720 — DC Code / Title 28 / Chapter  / § 28:2-720
§ 28:2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach.
Status: in_force

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
D.C. Code § 28-5202 — DC Code / Title 28 / Chapter 52 / § 28-5202
§ 28-5202. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Combination packages” shall mean a package intended for retail sale, containing 2 or more individual packages or units of dissimilar commodities.
(2) “Commodity” shall mean any food, drug, cosmetic, or other article, product, or commodity of any kind or class that is:
  (A) Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and
  (B) Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.
(3) “Person” shall mean both plural and the singular and includes individuals, partnerships, corporations, companies, societies, and associations.
(4) “Unit price” or “unit pricing” shall mean the retail price of an item expressed in dollars and cents per unit.
(5) “Variety packages” shall mean a package intended for retail sale, containing 2 or more individual packages or units of similar, but not identical, commodities. Commodities that are generically the same, but that differ in weight, measure, volume, appearance, or quality, are considered similar but not identical.
D.C. Code § 28:5-112 — DC Code / Title 28 / Chapter  / § 28:5-112
§ 28:5-112. Transfer of letter of credit.
Status: in_force

(a) Except as otherwise provided in § 28:5-113 , unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.
(b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:
  (1) The transfer would violate applicable law; or
  (2) The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 28:5-108(e) or is otherwise reasonable under the circumstances.
D.C. Code § 28:2A-503 — DC Code / Title 28 / Chapter  / § 28:2A-503
§ 28:2A-503. Modification or impairment of rights and remedies.
Status: in_force

(a) Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article.
(b) Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this article.
(c) Consequential damages may be liquidated under § 28:2A-504 , or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(d) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this article.
D.C. Code § 28:5-110 — DC Code / Title 28 / Chapter  / § 28:5-110
§ 28:5-110. Warranties.
Status: in_force

(a) If its presentation is honored, the beneficiary warrants:
  (1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 28:5-109(a) ; and
  (2) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.
(b) The warranties in subsection (a) of this section are in addition to warranties arising under Articles 3, 4, 7, and 8 because of the presentation or transfer of documents covered by any of those articles.
D.C. Code § 28:2A-519 — DC Code / Title 28 / Chapter  / § 28:2A-519
§ 28:2A-519. Lessee’s damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.
Status: in_force

(a) Except as otherwise provided with respect to damages liquidated in the lease agreement ( § 28:2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 28:1-102(b) and 28:2A-503 ), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under § 28:2A-518(b) , or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.
(b) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(c) Except as otherwise agreed, if the lessee has accepted goods and given notification ( § 28:2A-516(c) ), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor’s default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.
(d) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default or breach of warranty.
D.C. Code § 28:9-611 — DC Code / Title 28 / Chapter  / § 28:9-611
§ 28:9-611. Notification before disposition of collateral.
Status: in_force

(a) In this section, “notification date” means the earlier of the date on which:
  (1) A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
  (2) The debtor and any secondary obligor waive the right to notification.
(b) Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 28:9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.
(c) To comply with subsection (b), the secured party shall send a signed notification of disposition to:
  (1) The debtor;
  (2) Any secondary obligor; and
  (3) If the collateral is other than consumer goods:
    (A) Any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
    (B) Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
      (i) Identified the collateral;
      (ii) Was indexed under the debtor’s name as of that date; and
      (iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
    (C) Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 28:9-311(a) .
(d) Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(e) A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:
  (1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c)(3)(B); and
  (2) Before the notification date, the secured party:
    (A) Did not receive a response to the request for information; or
    (B) Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
D.C. Code § 28-4801.03 — DC Code / Title 28 / Chapter 48 / § 28-4801.03
§ 28-4801.03. Fiduciary duties; general principles.
Status: in_force

(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of subchapters II and III of this chapter, a fiduciary:
  (1) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter;
  (2) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter;
  (3) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and
  (4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(b) In exercising the power to adjust under § 28-4801.04(a) or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.
D.C. Code § 28:2-104 — DC Code / Title 28 / Chapter  / § 28:2-104
§ 28:2-104. Definitions: “merchant”; “between merchants”; “financing agency”.
Status: in_force

(1) “Merchant” means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) “Financing agency” means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency” includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 28:2-707).
(3) “Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
D.C. Code § 28-4709 — DC Code / Title 28 / Chapter 47 / § 28-4709
§ 28-4709. Delegation of investment and management functions.
Status: repealed

Repealed.
D.C. Code § 28:2A-201 — DC Code / Title 28 / Chapter  / § 28:2A-201
§ 28:2A-201. Statute of frauds.
Status: in_force

(a) A lease contract is not enforceable by way of action or defense unless:
  (1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or
  (2) There is a record, signed by the party against whom enforcement is sought or by that party’s authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(b) Any description of leased goods or of the lease term is sufficient and satisfies subsection (a)(2) of this section, whether or not it is specific, if it reasonably identifies what is described.
(c) A record is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (a)(2) of this section beyond the lease term and the quantity of goods shown in the record.
(d) A lease contract that does not satisfy the requirements of subsection (a) of this section, but which is valid in other respects, is enforceable:
  (1) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor’s business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
  (2) If the party against whom enforcement is sought admits in that party’s pleading, testimony, or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
  (3) With respect to goods that have been received and accepted by the lessee.
(e) The lease term under a lease contract referred to in subsection (d) of this section is:
  (1) If there is a record signed by the party against whom enforcement is sought or by that party’s authorized agent specifying the lease term, the term so specified;
  (2) If the party against whom enforcement is sought admits in that party’s pleading, testimony, or otherwise in court a lease term, the term so admitted; or
  (3) A reasonable lease term.
D.C. Code § 28:9-517 — DC Code / Title 28 / Chapter  / § 28:9-517
§ 28:9-517. Effect of indexing errors.
Status: in_force

The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
D.C. Code § 28-3910 — DC Code / Title 28 / Chapter 39 / § 28-3910
§ 28-3910. Investigatory powers of Attorney General for the District of Columbia.
Status: in_force

(a) In the course of an investigation to determine whether to seek relief under section 28-3909 , the Attorney General for the District of Columbia may subpoena witnesses, administer oaths, examine an individual under oath, and compel production of records, books, papers, contracts, and other documents. Information obtained under this section is not admissible in a later criminal proceeding against the person who provides the evidence.
(b) A subpoena issued pursuant to subsection (a) of this section shall be issued in accordance with [ §  1-301.89c ].
D.C. Code § 28:4A-107 — DC Code / Title 28 / Chapter  / § 28:4A-107
§ 28:4A-107. Federal Reserve regulations and operating circulars.
Status: in_force

Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this article to the extent of the inconsistency.
D.C. Code § 28:9-109 — DC Code / Title 28 / Chapter  / § 28:9-109
§ 28:9-109. Scope.
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), this article applies to:
  (1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
  (2) An agricultural lien;
  (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes;
  (4) A consignment;
  (5) A security interest arising under § 28:2-401 , 2-505, 2-711(3), or 2A-508(5), as provided in § 28:9-110 ; and
  (6) A security interest arising under § 28:4-210 or 5-118.
(b) The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply.
(c) This article does not apply to the extent that:
  (1) A statute, regulation, or treaty of the United States preempts this article;
  (2) Another statute of the District expressly governs the creation, perfection, priority, or enforcement of a security interest created by the District or a governmental unit of the District;
  (3) A statute of another State, a foreign country, or a governmental unit of another State or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the State, country, or governmental unit; or
  (4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 28:5-114 .
(d) This article does not apply to:
  (1) A landlord’s lien, other than an agricultural lien;
  (2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 28:9-333 applies with respect to priority of the lien;
  (3) An assignment of a claim for wages, salary, or other compensation of an employee;
  (4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;
  (5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;
  (6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
  (7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
  (8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds;
  (9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
  (10) A right of recoupment or set-off, but:
    (A) § 28:9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
    (B) § 28:9-404 applies with respect to defenses or claims of an account debtor;
  (11) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
    (A) Liens on real property in §§ 28:9-203 and 28:9-308 ;
    (B) Fixtures in § 28:9-334 ;
    (C) Fixture filings in §§ 28:9-501 , 28:9-502 , 28:9-512 , 28:9-516 , and 28:9-519 ; and
    (D) Security agreements covering personal and real property in § 28:9-604 ;
  (12) An assignment of a claim arising in tort, other than a commercial tort claim, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds; or
  (13) An assignment of a deposit account in a consumer transaction, but §§ 28:9-315 and 28:9-322 apply with respect to proceeds and priorities in proceeds.
D.C. Code § 28-3816 — DC Code / Title 28 / Chapter 38 / § 28-3816
§ 28-3816. Inconsistent laws: What law governs.
Status: in_force

If any provision of law or regulation promulgated thereunder is inconsistent with this chapter, this chapter shall govern, unless this chapter or the inconsistent provision of the other laws specifically provides otherwise.
D.C. Code § 28:2A-101 — DC Code / Title 28 / Chapter  / § 28:2A-101
§ 28:2A-101. Short title.
Status: in_force

This article shall be known and may be cited as the Uniform Commercial Code—Leases.
D.C. Code § 28:3-117 — DC Code / Title 28 / Chapter  / § 28:3-117
§ 28:3-117. Other agreements affecting instrument.
Status: in_force

Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
D.C. Code § 28:9-806 — DC Code / Title 28 / Chapter  / § 28:9-806
§ 28:9-806. When initial financing statement suffices to continue effectiveness of financing statement.
Status: in_force

(a) The filing of an initial financing statement in the office specified in § 28:9-501 continues the effectiveness of a financing statement filed before the applicability date if:
  (1) The filing of an initial financing statement in that office would be effective to perfect a security interest under Article 9 as amended by the 2012 Act;
  (2) The pre-effective-date financing statement was filed in an office in another state; and
  (3) The initial financing statement satisfies subsection (c) of this section.
(b) The filing of an initial financing statement under subsection (a) of this section continues the effectiveness of the pre-effective-date financing statement:
  (1) If the initial financing statement is filed before the applicability date, for the period provided in § 28:9-515 as it existed before the applicability date with respect to an initial financing statement; and
  (2) If the initial financing statement is filed after the applicability date, for the period provided in § 28:9-515 as amended by the 2012 Act with respect to an initial financing statement.
(c) To be effective for purposes of subsection (a) of this section, an initial financing statement must:
  (1) Satisfy the requirements of Part 5 as amended by the 2012 Act for an initial financing statement;
  (2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
  (3) Indicate that the pre-effective-date financing statement remains effective.
D.C. Code § 28:9-616 — DC Code / Title 28 / Chapter  / § 28:9-616
§ 28:9-616. Explanation of calculation of surplus or deficiency.
Status: in_force

(a) In this section:
  (1) “Explanation” means a record that:
    (A) States the amount of the surplus or deficiency;
    (B) Provides an explanation in accordance with subsection (c) of this section of how the secured party calculated the surplus or deficiency;
    (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and
    (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available.
  (2) “Request” means a record:
    (A) [S]igned by a debtor or consumer obligor;
    (B) Requesting that the recipient provide an explanation; and
    (C) Sent after disposition of the collateral under § 28:9-610 .
(b) In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under § 28:9-615 , the secured party shall:
  (1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and:
    (A) Before or when the secured party accounts to the debtor and pays any surplus or first makes demand in a record on the consumer obligor after the disposition for payment of the deficiency; and
    (B) Within 14 days after receipt of a request; or
  (2) In the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party’s right to a deficiency.
(c) To comply with subsection (a)(1)(B), an explanation must provide the following information in the following order:
  (1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date:
    (A) If the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or
    (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition;
  (2) The amount of proceeds of the disposition;
  (3) The aggregate amount of the obligations after deducting the amount of proceeds;
  (4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney’s fees secured by the collateral which are known to the secured party and relate to the current disposition;
  (5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1) of this subsection; and
  (6) The amount of the surplus or deficiency.
(d) A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) is sufficient, even if it includes minor errors that are not seriously misleading.
(e) A debtor or consumer obligor is entitled without charge to one response to a request under this section during any 6-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subsection (b)(1). The secured party may require payment of a charge not exceeding $25 for each additional response.
D.C. Code § 28:2A-518 — DC Code / Title 28 / Chapter  / § 28:2A-518
§ 28:2A-518. Cover; substitute goods.
Status: in_force

(a) After default by a lessor under the lease contract of the type described in § 28:2A-508(a) , or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement ( § 28:2A-504 ) or otherwise determined pursuant to agreement of the parties ( § 28:1-302 and § 28:2A-503 ), if a lessee’s cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreements, of the rent under the new lease agreement applicable to the period of the new lease which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor’s default.
(c) If a lessee’s cover is by lease agreement that for any reason does not qualify for treatment under subsection (b) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and § 28:2A-519 governs.
D.C. Code § 28:2A-307 — DC Code / Title 28 / Chapter  / § 28:2A-307
§ 28:2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.
Status: in_force

(a) Except as otherwise provided in § 28:2A-306 , a creditor of a lessee takes subject to the lease contract.
(b) Except as otherwise provided in subsection (c) of this section and in §§ 28:2A-306 and 28:2A-308 , a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.
(c) Except as otherwise provided in §§ 28:9-317 , 28:9-321 , and 28:9-323 , a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.
D.C. Code § 28-2965 — DC Code / Title 28 / Chapter 29A / § 28-2965
§ 28-2965. Transitional provision.
Status: in_force

(a) This chapter applies to:
  (1) A special deposit made under an account agreement executed on or after [February 3, 2026]; and
  (2) A deposit made under an agreement executed before [February 3, 2026], if:
    (A) All parties entitled to amend the agreement agree to make the deposit a special deposit governed by this chapter ; and
    (B) The special deposit referenced in the amended agreement satisfies § 28-2954 .
D.C. Code § 28:2-401 — DC Code / Title 28 / Chapter  / § 28:2-401
§ 28:2-401. Passing of title; reservation for security; limited application of this section.
Status: in_force

Each provision of this article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this article and matters concerning title become material the following rules apply:
(1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (section 28:2-501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this subtitle. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the article on secured transactions (Article 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.
(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading
  (a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
  (b) if the contract requires delivery at destination, title passes on tender there.
(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods,
  (a) if the seller is to deliver a tangible document of title, title passes at the time when and the place where he delivers such documents, and, if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or
  (b) if the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.
(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a “sale”.
D.C. Code § 28-5106 — DC Code / Title 28 / Chapter 51 / § 28-5106
§ 28-5106. Art dealer; duties.
Status: in_force

(a) An art dealer who accepts a work of fine art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work of fine art or a photograph of the work of fine art only if:
  (1) Notice is given to users or viewers that the work of fine art is the work of the artist; and
  (2) The artist gives prior written consent to the particular use or display.
(b) An art dealer who accepts a work of fine art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art shall compensate the artist for loss or damage to the consigned work of fine art.