reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-703. Security interest perfected before effective date.

§§ 9-703. Security interest perfected before effective date.
(a) Continuing priority over lien creditor:
perfection requirements satisfied. — A security interest that is enforceable immediately before this Act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this Act if, when this Act takes effect, the applicable requirements for enforceability and perfection under this Act are satisfied without further action.
(b) Continuing priority over lien creditor:
perfection requirements not satisfied. — Except as otherwise provided in Section 9-705, if, immediately before this Act takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this Act are not satisfied when this Act takes effect, the security interest:
(1) is a perfected security interest for one year after this Act takes effect;
(2) remains enforceable thereafter only if the security interest becomes enforceable under Section 9-203 before the year expires; and
(3) remains perfected thereafter only if the applicable requirements for perfection under this Act are satisfied before the year expires.
(c) Special transition provision regarding trusts and trustees. — If, immediately before this Act takes effect, a security interest against a debtor that is a trust or trustee is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but, pursuant to Section 9-503(a)(3) (dealing with the sufficiency of the name of the debtor in the case of trusts and trustees), the financing statement filed in this State prior to the date this Act takes effect naming the trust or trustee as the debtor would be ineffective under this Act solely because it does not sufficiently provide the name of the debtor, the financing statement remains effective to the same extent as under former Article 9 of the Uniform Commercial Code (and shall remain effective by filing continuation statements naming the debtor as in the financing statement to be continued) if (i) the trust is a trust created under the provisions of Chapter 38 of Title 12 (the Delaware Statutory Trust Act), (ii) the trust is a common law business trust, or (iii) a trustee of the trust is a corporation authorized under the laws of this State to exercise corporate trust powers.
72 Del. Laws, c. 401, §  1;  73 Del. Laws, c. 329, §  7;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-704. Security interest unperfected before effective date.

§§ 9-704. Security interest unperfected before effective date.
A security interest that is enforceable immediately before this Act takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) remains an enforceable security interest for one year after this Act takes effect;
(2) remains enforceable thereafter if the security interest becomes enforceable under Section 9-203 when this Act takes effect or within one year thereafter; and
(3) becomes perfected:
(A) without further action, when this Act takes effect if the applicable requirements for perfection under this Act are satisfied before or at that time; or
(B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
72 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-706. When initial financing statement suffices to continue effectiveness of financing statement.

§§ 9-706. When initial financing statement suffices to continue effectiveness of financing statement.
(a) Initial financing statement in lieu of continuation statement. — The filing of an initial financing statement in the office specified in Section 9-501 continues the effectiveness of a financing statement filed before this Act takes effect if:
(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under this Act;
(2) the pre-effective-date financing statement was filed in an office in another State or another office in this State; and
(3) the initial financing statement satisfies subsection (c).
(b) Period of continued effectiveness. — The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1) if the initial financing statement is filed before this Act takes effect, for the period provided in former Section 9-403 with respect to a financing statement; and
(2) if the initial financing statement is filed after this Act takes effect, for the period provided in Section 9-515 with respect to an initial financing statement.
(c) Requirements for initial financing statement under subsection (a). — To be effective for purposes of subsection (a), an initial financing statement must:
(1) satisfy the requirements of Part 5 for an initial financing statement;
(2) identify the pre-effective-date financing statement by indicating the office in which the pre-effective-date financing statement was filed and providing the dates of filing and file numbers, if any, of the initial pre-effective-date financing statement and of the most recent continuation statement filed with respect to that financing statement; provided, that if the law of the jurisdiction governing perfection prior to the effective date of this act [June 28, 2005] required the filing of the pre-effective-date financing statement in both a central filing office and a local filing office, then an identification of the filing in the central filing office suffices for purposes of this subsection (c)(2) of this section; and
(3) indicate that the pre-effective-date financing statement remains effective.
72 Del. Laws, c. 401, §  1;  75 Del. Laws, c. 66, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-707. Amendment of pre-effective-date financing statement.

§§ 9-707. Amendment of pre-effective-date financing statement.
(a) Pre-effective-date financing statement. — In this section, “pre-effective-date financing statement” means a financing statement filed before this Act takes effect.
(b) Applicable law. — After this Act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending:
general rule. — Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this Act takes effect only if:
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 9-501;
(2) an amendment is filed in the office specified in Section 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9-706(c); or
(3) an initial financing statement that provides the information as amended and satisfies Section 9-706(c) is filed in the office specified in Section 9-501.
(d) Method of amending:
continuation. — If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Section 9-705(d) and (f) or 9-706.
(e) Method of amending:
additional termination rule. — Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after this Act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section 9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.
72 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-708. Persons entitled to file initial financing statement or continuation statement.

§§ 9-708. Persons entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) the secured party of record authorizes the filing; and
(2) the filing is necessary under this part:
(A) to continue the effectiveness of a financing statement filed before this Act takes effect; or
(B) to perfect or continue the perfection of a security interest.
72 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 7. Transition › § 9-709. Priority.

§§ 9-709. Priority.
(a) Law governing priority. — This Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this Act takes effect, former Article 9 of the Uniform Commercial Code determines priority.
(b) Priority if security interest becomes enforceable under Section 9-203. — For purposes of Section 9-322(a), the priority of a security interest that becomes enforceable under Section 9-203 of this Act dates from the time this Act takes effect if the security interest is perfected under this Act by the filing of a financing statement before this Act takes effect which would not have been effective to perfect the security interest under former Article 9 of the Uniform Commercial Code. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
72 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-801. Effective date.

§§ 9-801. Effective date.
This Act takes effect on July 1, 2013. References in this part to “this Act” refer to the legislative enactment by which this part is added to Article 9 of the Uniform Commercial Code. References in this part to “former Article 9” are to Article 9 of the Uniform Commercial Code as in effect immediately before this Act takes effect.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-802. Savings clause.

§§ 9-802. Savings clause.
(a) Pre-effective-date transactions or liens. — Except as otherwise provided in this part, this Act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this Act takes effect.
(b) Pre-effective-date proceedings. — This Act does not affect an action, case, or proceeding commenced before this Act takes effect.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-803. Security interest perfected before effective date.

§§ 9-803. Security interest perfected before effective date.
(a) Continuing perfection:
perfection requirements satisfied. — A security interest that is a perfected security interest immediately before this Act takes effect is a perfected security interest under Article 9 as amended by this Act if, when this Act takes effect, the applicable requirements for attachment and perfection under Article 9 as amended by this Act are satisfied without further action.
(b) Continuing perfection:
perfection requirements not satisfied. — Except as otherwise provided in Section 9-805, if, immediately before this Act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under Article 9 as amended by this Act are not satisfied when this Act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under Article 9 as amended by this Act are satisfied within one year after this Act takes effect.
(c) Special transition provision regarding trusts and trustees. — If, immediately before this Act takes effect, a security interest against a debtor that is a trust or trustee is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but, pursuant to Section 9-503(a)(3) (dealing with the sufficiency of the name of the debtor if the collateral is held in a trust), the financing statement filed in this State prior to the date this Act takes effect naming the trust or trustee as the debtor would be ineffective under this Act solely because it does not sufficiently provide the name of the debtor, the financing statement remains effective to the same extent as under former Article 9 of the Uniform Commercial Code (and shall remain effective by filing continuation statements naming the debtor as in the financing statement to be continued) if (i) the trust is a trust created under the provisions of Chapter 38 of Title 12 (the Delaware Statutory Trust Act), (ii) the trust is a common law business trust, or (iii) a trustee of the trust is an organization authorized under the laws of this State to exercise corporate trust powers.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-804. Security interest unperfected before effective date.

§§ 9-804. Security interest unperfected before effective date.
A security interest that is an unperfected security interest immediately before this Act takes effect becomes a perfected security interest:
(1) without further action, when this Act takes effect if the applicable requirements for perfection under Article 9 as amended by this 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.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-806. When initial financing statement suffices to continue effectiveness of financing statement.

§§ 9-806. When initial financing statement suffices to continue effectiveness of financing statement.
(a) Initial financing statement in lieu of continuation statement. — The filing of an initial financing statement in the office specified in Section 9-501 continues the effectiveness of a financing statement filed before this Act takes effect 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 this 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).
(b) Period of continued effectiveness. — The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1) if the initial financing statement is filed before this Act takes effect, for the period provided in Section 9-515 before this Act takes effect, with respect to an initial financing statement; and
(2) if the initial financing statement is filed after this Act takes effect, for the period provided in Section 9-515 as amended by this Act with respect to an initial financing statement.
(c) Requirements for initial financing statement under subsection (a). — To be effective for purposes of subsection (a), an initial financing statement must:
(1) satisfy the requirements of Part 5 as amended by this Act for an initial financing statement;
(2) identify the pre-effective-date financing statement by indicating the office in which the pre-effective-date financing statement was filed and providing the dates of filing and file numbers, if any, of the initial pre-effective-date financing statement and of the most recent continuation statement filed with respect to that financing statement; provided, that if the law of the jurisdiction governing perfection prior to the effective date of this Act required the filing of the pre-effective-date financing statement in both a central filing office and a local filing office, then an identification of the filing in the central filing office suffices for purposes of this subsection (c)(2) of this section; and
(3) indicate that the pre-effective-date financing statement remains effective.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-807. Amendment of pre-effective-date financing statement.

§§ 9-807. Amendment of pre-effective-date financing statement.
(a) Pre-effective-date financing statement. — In this section, “pre-effective-date financing statement” means a financing statement filed before this Act takes effect.
(b) Applicable law. — After this Act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Article 9 as amended by this Act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending:
general rule. — Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this Act takes effect only if:
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 9-501;
(2) an amendment is filed in the office specified in Section 9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 9-806(c); or
(3) an initial financing statement that provides the information as amended and satisfies Section 9-806(c) is filed in the office specified in Section 9-501.
(d) Method of amending:
continuation. — If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Section 9-805(c) and (e) or 9-806.
(e) Method of amending:
additional termination rule. — Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after this Act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section 9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 as amended by this Act as the office in which to file a financing statement.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-808. Person entitled to file initial financing statement or continuation statement.

§§ 9-808. Person entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) the secured party of record authorizes the filing; and
(2) the filing is necessary under this part:
(A) to continue the effectiveness of a financing statement filed before this Act takes effect; or
(B) to perfect or continue the perfection of a security interest.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 9. Secured Transactions › Part 8. Transition for 2010 Amendments › § 9-809. Priority.

§§ 9-809. Priority.
This Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this Act takes effect, former Article 9 of the Uniform Commercial Code determines priority.
79 Del. Laws, c. 15, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 10. Effective Date and Repealer › § 10-101. Effective date.

§§ 10-101. Effective date.
This subtitle applies to transactions entered into and events occurring after June 30, 1967.
5A Del. C. 1953, §§  10-101;  55 Del. Laws, c. 349.;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 10. Effective Date and Repealer › § 10-102. Specific repealer; provision for transition.

§§ 10-102. Specific repealer; provision for transition.
(1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed:
Uniform Negotiable Instruments Act, Chapter 1 of Title 6.
Uniform Warehouse Receipts Act, Chapter 5 of Title 6.
Uniform Sales Act, Chapter 7 of Title 6.
Uniform Bills of Lading Act, Chapter 3 of Title 6.
Uniform Stock Transfer Act, Subchapter VI, Chapter 1, Title 8.
Uniform Conditional Sales Act, Chapter 9 of Title 6.
Uniform Trust Receipts Act, Chapter 11 of Title 6.
Bulk Sales Act, Chapter 21 of Title 6.
Chattel Mortgages Act, Chapter 23 of Title 25.
Factor's Lien Act, Chapter 33 of Title 25.
Assignment of Accounts Receivable Act, Chapter 18 of Title 6.
Section 925 of Title 5, Delaware Code.
(2) Transactions validly entered into before the effective date specified in Section 10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this subtitle as though such repeal or amendment had not occurred.
5A Del. C. 1953, §§  10-102;  55 Del. Laws, c. 349.;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 10. Effective Date and Repealer › § 10-103. General repealer.

§§ 10-103. General repealer.
Except as provided in the following section, all acts and parts of acts inconsistent with this subtitle are repealed.
5A Del. C. 1953, §§  10-103;  55 Del. Laws, c. 349.;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-101. Effective date and definitions.

§§ 11-101. Effective date and definitions.
(1) This Act shall become effective on January 1, 1984.
(2) As used in this Article, unless the context otherwise requires:
(a) “Prior Uniform Commercial Code” means the Uniform Commercial Code as in effect prior to the effective date of this Act.
(b) “Revised Uniform Commercial Code” means the Uniform Commercial Code as amended by this Act.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-102. Preservation of old transition provision.

§§ 11-102. Preservation of old transition provision.
Article 10 shall continue to apply to the Revised Uniform Commercial Code and for this purpose the Prior Uniform Commercial Code and the Revised Uniform Commercial Code shall be considered 1 continuous statute.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-103. Transition — General rule.

§§ 11-103. Transition — General rule.
Transactions validly entered into after June 30, 1967, and before January 1, 1984, and which were subject to the Prior Uniform Commercial Code and which would be subject to the Revised Uniform Commercial Code if they had been entered into after this Act takes effect, and the rights, duties and interests flowing from such transactions, remain valid after this Act takes effect and may be terminated, completed, consummated and enforced as required or permitted by the Revised Uniform Commercial Code. Security interests arising out of such transactions which are perfected when this Act becomes effective shall remain perfected until they lapse as provided in the Revised Uniform Commercial Code, and may be continued as permitted by the Revised Uniform Commercial Code, except as stated in Section 11-105.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-104. Transition provision on change of requirement of filing.

§§ 11-104. Transition provision on change of requirement of filing.
A security interest for the perfection of which filing or the taking of possession was required under the Prior Uniform Commercial Code and which attached prior to the effective date of this Act but was not perfected shall be deemed perfected on the effective date of this Act if the Revised Uniform Commercial Code permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made, provided all steps required for perfection under the Revised Uniform Commercial Code have been taken.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-105. Transition provision on change of place of filing.

§§ 11-105. Transition provision on change of place of filing.
(1) A financing statement or continuation statement filed prior to January 1, 1984, which shall not have lapsed prior to January 1, 1984, shall remain effective for the period provided in the Prior Uniform Commercial Code, but not less than 5 years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to this Act becoming effective, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the Revised Uniform Commercial Code.
(3) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1984, may be continued by a continuation statement as permitted by the Revised Uniform Commercial Code, except that:
(a) If the Revised Uniform Commercial Code requires a filing in an office where there was no previous financing statement, a new financing statement conforming to Section 11-106 shall be filed in that office; and
(b) If the financing statement or continuation statement relates to a security interest that cannot be perfected by filing under the Revised Uniform Commercial Code, this subsection shall be inapplicable.
(4) If the recording of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the Revised Uniform Commercial Code had been in effect on the date of recording the mortgage, the recorded mortgage shall be deemed effective as a fixture filing as to such goods under former subsection (6) of Section 9-402 [see now Section 9-502, generally] of the Revised Uniform Commercial Code on the effective date of this Act.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-106. Required refilings.

§§ 11-106. Required refilings.
(1) If a security interest is perfected or has priority when this Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the Revised Uniform Commercial Code, the perfection and priority rights of the security interest continue until 3 years after this Act takes effect. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when this Act takes effect under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse 3 years after this Act takes effect, unless a financing statement is filed as provided in subsection (4), unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of former Section 9-302 [see now subsection (a) of Section 9-311] the other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by this Act (other than any part of the Prior Uniform Commercial Code) which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless before such date a financing statement is filed as provided in subsection (4) or unless before such date the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within 6 months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this Act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this Act is still effective. Former Section 9-401 and former Section 9-103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of former Section 9-403(3) [see now subsections (d) and (e) of Section 9-515, generally] for continuation statements apply to such a financing statement.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-108. Transition provisions as to priorities.

§§ 11-108. Transition provisions as to priorities.
Except as otherwise provided in this Article, the Prior Uniform Commercial Code shall apply to any questions of priority if the positions of the parties were fixed prior to January 1, 1984. In other cases questions of priority shall be determined by the Revised Uniform Commercial Code.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 11. Effective Date and Transition Provisions › § 11-109. Presumption that rule of law continues unchanged.

§§ 11-109. Presumption that rule of law continues unchanged.
Unless a change in law has clearly been made, the Revised Uniform Commercial Code shall be deemed declaratory of the meaning of the Prior Uniform Commercial Code.
64 Del. Laws, c. 152, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 12. Controllable Electronic Records › § 12-102. Definitions.

§§ 12-102. Definitions.
(a) Article 12 definitions. —
In this article:
(1) “Controllable electronic record” means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.
(2) “Qualifying purchaser” means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(3) “Transferable record” has the meaning provided for that term in:
(A) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7021(a)(1); or
(B) Section 12A-116 of this title.
(4) “Value” has the meaning provided in Section 3-303(a), as if references in that subsection to an “instrument” were references to a controllable account, controllable electronic record, or controllable payment intangible.
(b) Definitions in Article 9. —
The definitions in Article 9 of “account debtor”, “controllable account”, “controllable payment intangible”, “chattel paper”, “deposit account”, “electronic money”, and “investment property” apply to this article.
(c) Article 1 definitions and principles. —
Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 12. Controllable Electronic Records › § 12-103. Relation to Article 9 and consumer laws.

§§ 12-103. Relation to Article 9 and consumer laws.
(a) Article 9 governs in case of conflict. —
If there is conflict between this article and Article 9, Article 9 governs.
(b) Applicable consumer law and other laws. —
A transaction subject to this article is subject to any applicable rule of law that establishes a different rule for consumers, to any other statute or regulation of this State that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit, and to any consumer-protection statute or regulation of this State.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article 12. Controllable Electronic Records › § 12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible.

§§ 12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible.
(a) Applicability of section to controllable account and controllable payment intangible. —
This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
(b) Control of controllable account and controllable payment intangible. —
To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c) Applicability of other law to acquisition of rights. —
Except as provided in this section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d) Shelter principle and purchase of limited interest. —
A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e) Rights of qualifying purchaser. —
A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f) Limitation of rights of qualifying purchaser in other property. —
Except as provided in subsections (a) and (e) for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g) No-action protection for qualifying purchaser. —
An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h) Filing not notice. —
Filing of a financing statement under Article 9 is not notice of a claim of a property right in a controllable electronic record.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 1. General provisions and definitions › § A-101. Title.

§§ A-101. Title.
This article may be cited as “Transitional Provisions for Uniform Commercial Code Amendments (2022).”
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 1. General provisions and definitions › § A-102. Definitions.

§§ A-102. Definitions.
(a) Article A Definitions. —
In this article:
(1) “Adjustment date” means July 1, 2025, or the date that is 1 year after August 18, 2023, whichever is later.
(2) “Amending Act” means 84 Del. Laws, c. 174.
(3) “Article 12” means Article 12 of the Uniform Commercial Code.
(4) “Article 12 property” means a controllable account, controllable electronic record, or controllable payment intangible.
(b) Definitions in other articles. —
The following definitions in other articles of the Uniform Commercial Code apply to this article.
“Controllable account”. § 9-102.
“Controllable electronic record”. § 12-102.
“Controllable payment intangible”. § 9-102.
“Electronic money”. § 9-102.
“Financing statement”. § 9-102.
(c) Article 1 definitions and principles. —
Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 2. General transitional provision › § A-201. Saving clause.

§§ A-201. Saving clause.
Except as provided in Part 3, a transaction validly entered into before August 18, 2023, and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than the Uniform Commercial Code or, if applicable, the Uniform Commercial Code, as though the amending Act had not taken effect.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-301. Saving clause.

§§ A-301. Saving clause.
(a) Pre-effective-date transaction, lien, or interest. —
Except as provided in this part, Article 9, as amended by the amending Act, and Article 12 apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before August 18, 2023.
(b) Continuing validity. —
Except as provided in subsection (c) and Sections A-302 through A-306:
(1) a transaction, lien, or interest in property that was validly entered into, created, or transferred before August 18, 2023, and was not governed by the Uniform Commercial Code, but would be subject to Article 9, as amended by the amending Act, or Article 12 if it had been entered into, created, or transferred on or after August 18, 2023, including the rights, duties, and interests flowing from the transaction, lien, or interest, remains valid on and after August 18, 2023; and
(2) the transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by the amending Act or by the law that would apply if the amending Act had not taken effect.
(c) Pre-effective-date proceeding. —
The amending Act does not affect an action, case, or proceeding commenced before August 18, 2023.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-302. Security interest perfected before effective date.

§§ A-302. Security interest perfected before effective date.
(a) Continuing perfection:
perfection requirements satisfied. —
A security interest that is enforceable and perfected immediately before August 18, 2023, is a perfected security interest under the amending Act if, on August 18, 2023, the requirements for enforceability and perfection under the amending Act are satisfied without further action.
(b) Continuing perfection; enforceability or perfection requirements not satisfied. —
If a security interest is enforceable and perfected immediately before August 18, 2023, but the requirements for enforceability or perfection under 84 Del. Laws, c. 174 are not satisfied on August 18, 2023, the security interest:
(1) is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before August 18, 2023, or the adjustment date;
(2) remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under Section 9-203, as amended by the amending Act, before the adjustment date; and
(3) remains perfected thereafter only if the requirements for perfection under the amending Act are satisfied before the time specified in paragraph (1).
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-303. Security interest unperfected before effective date.

§§ A-303. Security interest unperfected before effective date.
A security interest that is enforceable immediately before August 18, 2023, but is unperfected at that time:
(1) remains an enforceable security interest until the adjustment date;
(2) remains enforceable thereafter if the security interest becomes enforceable under Section 9-203, as amended by the amending Act, on August 18, 2023, or before the adjustment date; and
(3) becomes perfected:
(A) without further action, on August 18, 2023, if the requirements for perfection under the amending Act are satisfied before or at that time; or
(B) when the requirements for perfection are satisfied if the requirements are satisfied after that time.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-304. Effectiveness of actions taken before effective date.

§§ A-304. Effectiveness of actions taken before effective date.
(a) Pre-effective-date action; attachment and perfection before adjustment date. —
If action, other than the filing of a financing statement, is taken before August 18, 2023, and the action would have resulted in perfection of the security interest had the security interest become enforceable before August 18, 2023, the action is effective to perfect a security interest that attaches under the amending Act before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under the amending Act before the adjustment date.
(b) Pre-effective-date filing. —
The filing of a financing statement before August 18, 2023, is effective to perfect a security interest on August 18, 2023, to the extent the filing would satisfy the requirements for perfection under the amending Act.
(c) Pre-effective-date enforceability action. —
The taking of an action before August 18, 2023, is sufficient for the enforceability of a security interest on August 18, 2023, if the action would satisfy the requirements for enforceability under the amending Act.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-305. Priority.

§§ A-305. Priority.
(a) Determination of priority. —
Subject to subsections (b) and (c), the amending Act determines the priority of conflicting claims to collateral.
(b) Established priorities. —
Subject to subsection (c), if the priorities of claims to collateral were established before August 18, 2023, Article 9, as in effect before August 18, 2023, determines priority.
(c) Determination of certain priorities on adjustment date. —
On the adjustment date, to the extent the priorities determined by Article 9, as amended by the amending Act, modify the priorities established before August 18, 2023, the priorities of claims to Article 12 property and electronic money established before August 18, 2023, cease to apply.
84 Del. Laws, c. 174, § 90;
2023 Delaware Code › Title 6 - Commerce and Trade › Article A. Transitional Provisions for Uniform Commercial Code Amendments 2022 › Part 3. Transitional provisions for Articles 9 and 12 › § A-306. Priority of claims when priority rules of Article 9 do not apply.

§§ A-306. Priority of claims when priority rules of Article 9 do not apply.
(a) Determination of priority. —
Subject to subsections (b) and (c), Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9, as amended by the amending Act, do not apply.
(b) Established priorities. —
Subject to subsection (c), when the priority rules of Article 9, as amended by the amending Act, do not apply and the priorities of claims to Article 12 property were established before August 18, 2023, law other than Article 12 determines priority.
(c) Determination of certain priorities on adjustment date. —
When the priority rules of Article 9, as amended by the amending Act, do not apply, to the extent the priorities determined by the amending Act modify the priorities established before August 18, 2023, the priorities of claims to Article 12 property established before August 18, 2023, cease to apply on the adjustment date.
84 Del. Laws, c. 174, § 90;