reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part III - Perfection and Priority › Subpart 4 - Rights of Bank › § 28:9–342. Bank’s right to refuse to enter into or disclose existence of control agreement

§ 28:9–342. Bank’s right to refuse to enter into or disclose existence of control agreement.
This article does not require a bank to enter into an agreement of the kind described in § 28:9-104(a)(2), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New; derived from Section 8-106(g).
2. Protection for Bank. This section protects banks from the need to enter into agreements against their will and from the need to respond to inquiries from persons other than their customers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part IV - Rights of Third Parties › § 28:9–402. Secured party not obligated on contract of debtor or in tort

§ 28:9–402. Secured party not obligated on contract of debtor or in tort.
The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:11-105.
Uniform Commercial Code Comment
1. Source. Former Section 9-317.
2. Nonliability of Secured Party. This section, like former Section 9-317, rejects theories on which a secured party might be held liable on a debtor’s contracts or in tort merely because a security interest exists or because the debtor is entitled to dispose of or use collateral. This section expands former Section 9-317 to cover agricultural liens.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part IV - Rights of Third Parties › § 28:9–405. Modification of assigned contract

§ 28:9–405. Modification of assigned contract.
(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.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. Former Section 9-318(2).
2. Modification of Assigned Contract. The ability of account debtors and assignors to modify assigned contracts can be important, especially in the case of government contracts and complex contractual arrangements (e.g., construction contracts) with respect to which modifications are customary. Subsections (a) and (b) provide that good-faith modifications of assigned contracts are binding against an assignee to the extent that (i) the right to payment has not been fully earned or (ii) the right to payment has been earned and notification of the assignment has not been given to the account debtor. Former Section 9-318(2) did not validate modifications of fully-performed contracts under any circumstances, whether or not notification of the assignment had been given to the account debtor. Subsection (a) protects the interests of assignees by (i) limiting the effectiveness of modifications to those made in good faith, (ii) affording the assignee with corresponding rights under the contract as modified, and (iii) recognizing that the modification may be a breach of the assignor’s agreement with the assignee.
3. Consumer Account Debtors. Subsection (c) is new. It makes clear that the rules of this section are subject to other law establishing special rules for consumer account debtors.
4. Account Debtors on Health-Care-Insurance Receivables. Subsection (d) also is new. It provides that this section does not apply to an assignment of a health-care-insurance receivable. The obligation of an insurer with respect to a health-care-insurance receivable is governed by other law.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 1 - Filing Office; Contents and Effectiveness of Financing Statement › § 28:9–504. Indication of collateral

§ 28:9–504. Indication of collateral.
A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) A description of the collateral pursuant to § 28:9-108; or
(2) An indication that the financing statement covers all assets or all personal property.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. Former Section 9-402(1).
2. Indication of Collateral. To comply with Section 9-502(a), a financing statement must “indicate” the collateral it covers. A financing statement sufficiently indicates collateral claimed to be covered by the financing statement if it satisfies the purpose of conditioning perfection on the filing of a financing statement, i.e., if it provides notice that a person may have a security interest in the collateral claimed. See Section 9-502, Comment 2. In particular, an indication of collateral that would have satisfied the requirements of former Section 9-402(l) (i.e., “a statement indicating the types, or describing the items, of collateral“) suffices under Section 9-502(a). An indication may satisfy the requirements of Section 9-502(a), even if it would not have satisfied the requirements of former Section 9-402(l).
This section provides two safe harbors. Under paragraph (l), a “description” of the collateral (as the term is explained in Section 9-108) suffices as an indication for purposes of the sufficiency of a financing statement.
Debtors sometimes create a security interest in all, or substantially all, of their assets. To accommodate this practice, paragraph (2) expands the class of sufficient collateral references to embrace “an indication that the financing statement covers all assets or all personal property.“ If the property in question belongs to the debtor and is personal property, any searcher will know that the property is covered by the financing statement. Of course, regardless of its breadth, a financing statement has no effect with respect to property indicated but to which a security interest has not attached. Note that a broad statement of this kind (e.g., “all debtor’s personal property”) would not be a sufficient “description” for purposes of a security agreement. See Sections 9-203(b)(3)(A), 9-108. It follows that a somewhat narrower description than “all assets,” e.g., “all assets other than automobiles,” is sufficient for purposes of this section, even if it does not suffice for purposes of a security agreement.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 1 - Filing Office; Contents and Effectiveness of Financing Statement › § 28:9–511. Secured party of record

§ 28:9–511. Secured party of record.
(a) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under § 28:9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b) If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under § 28:9-514(b), the assignee named in the amendment is a secured party of record.
(c) A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New.
2. Secured Party of Record. This new section explains how the secured party of record is to be determined. If SP-1 is named as the secured party in an initial financing statement, it is the secured party of record. Similarly, if an initial financing statement reflects a total assignment from SP-0 to SP-1, then SP-1 is the secured party of record. See subsection (a). If, subsequently, an amendment is filed assigning SP-1’s status to SP-2, then SP-2 becomes the secured party of record in place of SP-1. The same result obtains if a subsequent amendment deletes the reference to SP-1 and substitutes therefor a reference to SP-2. If, however, a subsequent amendment adds SP-2 as a secured party but does not purport to remove SP-1 as a secured party, then SP-2 and SP-1 each is a secured party of record. See subsection (b). An amendment purporting to remove the only secured party of record without providing a successor is ineffective. See Section 9-512(e). At any point in time, all effective records that comprise a financing statement must be examined to determine the person or persons that have the status of secured party of record.
3. Successor to Secured Party of Record. Application of other law may result in a person succeeding to the powers of a secured party of record. For example, if the secured party of record (A) merges into another corporation (B) and the other corporation (B) survives, other law may provide that B has all of A’s powers. In that case, B is authorized to take all actions under this Part that A would have been authorized to take. Similarly, acts taken by a person who is authorized under generally applicable principles of agency to act on behalf of the secured party of record are effective under this Part.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 1 - Filing Office; Contents and Effectiveness of Financing Statement › § 28:9–517. Effect of indexing errors

§ 28:9–517. Effect of indexing errors.
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New.
2. Effectiveness of Mis-Indexed Records. This section provides that the filing office’s error in mis-indexing a record does not render ineffective an otherwise effective record. As did former Section 9-401, this section imposes the risk of filing-office error on those who search the files rather than on those who file.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 2 - Duties and Operation of Filing Office › § 28:9–522. Maintenance and destruction of records

§ 28:9–522. Maintenance and destruction of records.
(a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under § 28:9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.
(b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:9-513 and § 28:9-523.
Uniform Commercial Code Comment
1. Source. Former Section 9-403(3), revised substantially.
2. Maintenance of Records. Section 9-523 requires the filing office to provide information concerning certain lapsed financing statements. Accordingly, subsection (a) requires the filing office to maintain a record of the information in a financing statement for at least one year after lapse. During that time, the filing office may not delete any information with respect to a filed financing statement; it may only add information. This approach relieves the filing office from any duty to determine whether to substitute or delete information upon receipt of an amendment. It also assures searchers that they will receive all information with respect to financing statements filed against a debtor and thereby be able themselves to determine the state of the public record.
The filing office may maintain this information in any medium. Subsection (b) permits the filing office immediately to destroy written records evidencing a financing statement, provided that the filing office maintains another record of the information contained in the financing statement as required by subsection (a).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 2 - Duties and Operation of Filing Office › § 28:9–524. Delay by filing office

§ 28:9–524. Delay by filing office.
Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
(2) The filing office exercises reasonable diligence under the circumstances.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
Source. New; derived from Section 4-109.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 2 - Duties and Operation of Filing Office › § 28:9–525. Fees

§ 28:9–525. Fees.
(a) The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, setting fees for filing and indexing initial financing statements and for other services rendered under this part.
(b) The rules promulgated under subsection (a) shall set a basic fee for filing and indexing an initial filing statement in cases in which the record is communicated electronically or by another nonwritten medium authorized by filing-office rule. If the record is communicated in writing and consists of one or 2 pages, the fee shall be 2 times the basic fee. If the record is in writing and consists of more than 2 pages, the fee shall be 4 times the basic fee.
(c) The number of names required to be indexed does not affect the amount of the fee in subsection (b).
(d) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 28:9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. Various sections of former Part 4.
2. Fees. This section contains all fee requirements for filing, indexing, and responding to requests for information. Uniformity in the fee structure (but not necessarily in the amount of fees) makes this Article easier for secured parties to use and reduces the likelihood that a filed record will be rejected for failure to pay at least the correct amount of the fee. See Section 9-516(b)(2).
The costs of processing electronic records are less than those with respect to written records. Accordingly, this section mandates a lower fee as an incentive to file electronically and imposes the additional charge (if any) for multiple debtors only with respect to written records. When written records are used, this Article encourages the use of the uniform forms in Section 9-521. The fee for filing these forms should be no greater than the fee for other written records.
To make the relevant information included in a filed record more accessible once the record is found, this section mandates a higher fee for longer written records than for shorter ones. Finally, recognizing that financing statements naming more than one debtor are most often filed against a husband and wife, any additional charge for multiple debtors applies to records filed with respect to more than two debtors, rather than with respect to more than one.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part V - Filing › Subpart 2 - Duties and Operation of Filing Office › § 28:9–527. Duty to report

§ 28:9–527. Duty to report.
The Mayor shall report annually on or before April 1 to the Council on the operation of the filing office. The report must contain a statement of the extent to which:
(1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and
(2) The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New; derived in part from the Uniform Consumer Credit Code (1974).
2. Duty to Report. This section is designed to promote compliance with the standards of performance imposed upon the filing office and with the requirement that the filing office’s policies, practices, and technology be consistent and compatible with the policies, practices, and technology of other filing offices.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–603. Agreement on standards concerning rights and duties

§ 28:9–603. Agreement on standards concerning rights and duties.
(a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in § 28:9-602 if the standards are not manifestly unreasonable.
(b) Subsection (a) does not apply to the duty under § 28:9-609 to refrain from breaching the peace.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. Former Section 9-501(3).
2. Limitation on Ability to Set Standards. Subsection (a), like former Section 9-501(3), permits the parties to set standards for compliance with the rights and duties under this Part if the standards are not “manifestly unreasonable.” Under subsection (b), the parties are not permitted to set standards measuring fulfillment of the secured party’s duty to take collateral without breaching the peace.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–605. Unknown debtor or secondary obligor

§ 28:9–605. Unknown debtor or secondary obligor.
A secured party does not owe a duty based on its status as secured party:
(1) To a person that is a debtor or obligor, unless the secured party knows:
(A) That the person is a debtor or obligor;
(B) The identity of the person; and
(C) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) That the person is a debtor; and
(B) The identity of the person.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:9-601.
Uniform Commercial Code Comment
1. Source. New.
2. Duties to Unknown Persons. This section relieves a secured party from duties owed to a debtor or obligor, if the secured party does not know about the debtor or obligor. Similarly, it relieves a secured party from duties owed to a secured party or lienholder who has filed a financing statement against the debtor, if the secured party does not know about the debtor. For example, a secured party may be unaware that the original debtor has sold the collateral subject to the security interest and that the new owner has become the debtor. If so, the secured party owes no duty to the new owner (debtor) or to a secured party who has filed a financing statement against the new owner. This section should be read in conjunction with the exculpatory provisions in Section 9-628. Note that it relieves a secured party not only from duties arising under this Article but also from duties arising under other law by virtue of the secured party’s status as such under this Article, unless the other law otherwise provides.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–606. Time of default for agricultural lien

§ 28:9–606. Time of default for agricultural lien.
For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New.
2. Time of Default. Remedies under this Part become available upon the debtor’s “default.” See Section 9-601. This section explains when “default” occurs in the agricultural-lien context. It requires one to consult the enabling statute to determine when the lienholder is entitled to enforce the lien.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–612. Timeliness of notification before disposition of collateral

§ 28:9–612. Timeliness of notification before disposition of collateral.
(a) Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.
(b) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Source. New.
2. Reasonable Notification. Section 9-611(b) requires the secured party to send a “reasonable authenticated notification.” Under that section, as under former Section 9-504(3), one aspect of a reasonable notification is its timeliness. This generally means that the notification must be sent at a reasonable time in advance of the date of a public disposition or the date after which a private disposition is to be made. A notification that is sent so near to the disposition date that a notified person could not be expected to act on or take account of the notification would be unreasonable.
3. Timeliness of Notification: Safe Harbor. The 10-day notice period in subsection (b) is intended to be a “safe harbor” and not a minimum requirement. To qualify for the “safe harbor” the notification must be sent after default. A notification also must be sent in a commercially reasonable manner. See Section 9-611(b) (“reasonable authenticated notification”). These requirements prevent a secured party from taking advantage of the “safe harbor” by, for example, giving the debtor a notification at the time of the original extension of credit or sending the notice by surface mail to a debtor overseas.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–622. Effect of acceptance of collateral

§ 28:9–622. Effect of acceptance of collateral.
(a) A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures:
(1) Discharges the obligation to the extent consented to by the debtor;
(2) Transfers to the secured party all of a debtor’s rights in the collateral;
(3) Discharges the security interest or agricultural lien that is the subject of the debtor’s consent and any subordinate security interest or other subordinate lien; and
(4) Terminates any other subordinate interest.
(b) A subordinate interest is discharged or terminated under subsection (a), even if the secured party fails to comply with this article.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:9-102, § 28:9-602, and § 28:9-623.
Uniform Commercial Code Comment
1. Source. New.
2. Effect of Acceptance. Subsection (a) specifies the effect of an acceptance of collateral in full or partial satisfaction of the secured obligation. The acceptance to which it refers is an effective acceptance. If a purported acceptance is ineffective under Section 9-620, e.g., because the secured party receives a timely objection from a person entitled to notification, then neither this subsection nor subsection (b) applies. Paragraph (1) expresses the fundamental consequence of accepting collateral in full or partial satisfaction of the secured obligation-the obligation is discharged to the extent consented to by the debtor. Unless otherwise agreed, the obligor remains liable for any deficiency. Paragraphs (2) through (4) indicate the effects of an acceptance on various property rights and interests. Paragraph (2) follows Section 9-617(a) in providing that the secured party acquires “all of a debtor’s rights in the collateral.” Under paragraph (3), the effect of strict foreclosure on holders of junior security interests and other liens is the same regardless of whether the collateral is accepted in full or partial satisfaction of the secured obligation: all junior encumbrances are discharged. Paragraph (4) provides for the termination of other subordinate interests.
Subsection (b) makes clear that subordinate interests are discharged under subsection (a) regardless of whether the secured party complies with this Article. Thus, subordinate interests are discharged regardless of whether a proposal was required to be sent or, if required, was sent. However, a secured party’s failure to send a proposal or otherwise to comply with this Article may subject the secured party to liability under Section 9-625.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–623. Right to redeem collateral

§ 28:9–623. Right to redeem collateral.
(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.
(b) To redeem collateral, a person shall tender:
(1) Fulfillment of all obligations secured by the collateral; and
(2) The reasonable expenses and attorney’s fees described in § 28:9-615(a)(1).
(c) A redemption may occur at any time before a secured party:
(1) Has collected collateral under § 28:9-607;
(2) Has disposed of collateral or entered into a contract for its disposition under § 28:9-610; or
(3) Has accepted collateral in full or partial satisfaction of the obligation it secures under § 28:9-622.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:9-602, § 28:9-614, and § 28:9-624.
Uniform Commercial Code Comment
1. Source. Former Section 9-506.
2. Redemption Right. Under this section, as under former Section 9-506, the debtor or another secured party may redeem collateral as long as the secured party has not collected ( Section 9-607), disposed of or contracted for the disposition of ( Section 9-610), or accepted ( Section 9-620) the collateral. Although this section generally follows former Section 9-506, it extends the right of redemption to holders of nonconsensual liens. To redeem the collateral a person must tender fulfillment of all obligations secured, plus certain expenses. If the entire balance of a secured obligation has been accelerated, it would be necessary to tender the entire balance. A tender of fulfillment obviously means more than a new promise to perform an existing promise. It requires payment in full of all monetary obligations then due and performance in full of all other obligations then matured. If unmatured secured obligations remain, the security interest continues to secure them (i.e., as if there had been no default).
3. Redemption of Remaining Collateral Following Partial Enforcement. Under Section 9-610 a secured party may make successive dispositions of portions of its collateral. These dispositions would not affect the debtor’s, another secured party’s, or a lienholder’s right to redeem the remaining collateral.
4. Effect of “Repledging.” Section 9-207 generally permits a secured party having possession or control of collateral to create a security interest in the collateral. As explained in the Comments to that section, the debtor’s right (as opposed to its practical ability) to redeem collateral is not affected by, and does not affect, the priority of a security interest created by the debtor’s secured party.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VI - Default › Subpart 1 - Default and Enforcement of Security Interest › § 28:9–624. Waiver

§ 28:9–624. Waiver.
(a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under § 28:9-611 only by an agreement to that effect entered into and authenticated after default.
(b) A debtor may waive the right to require disposition of collateral under § 28:9-620(e) only by an agreement to that effect entered into and authenticated after default.
(c) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under § 28:9-623 only by an agreement to that effect entered into and authenticated after default.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Section References
This section is referenced in § 28:9-602 and § 28:9-620.
Uniform Commercial Code Comment
1. Source. Former Sections 9-504(3), 9-505, 9-506.
2. Waiver. This section is a limited exception to Section 9-602, which generally prohibits waiver by debtors and obligors. It makes no provision for waiver of the rule prohibiting a secured party from buying at its own private disposition. Transactions of this kind are equivalent to “strict foreclosures” and are governed by Sections 9-620, 9-621, and 9-622.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VII - Transition › § 28:9–701. Effective date

§ 28:9–701. Effective date.
This article takes effect on July 1, 2001.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
A uniform law as complex as Article 9 necessarily gives rise to difficult problems and uncertainties during the transition to the new law. As is customary for uniform laws, this Article is based on the general assumption that all States will have enacted substantially identical versions. While always important, uniformity is essential to the success of this Article. If former Article 9 is in effect in some jurisdictions, and this Article is in effect in others, horrendous complications may arise. For example, the proper place in which to file to perfect a security interest (and thus the status of a particular security interest as perfected or unperfected) would depend on whether the matter was litigated in a State in which former Article 9 was in effect or a State in which this Article was in effect. Accordingly, this section contemplates that States will adopt a uniform effective for this Article. Any one State’s failure to adopt the uniform effective date will greatly increase the cost and uncertainty surrounding the transition.
Other problems arise from transactions and relationships that were entered into under former Article 9 or under non-UCC law and which remain outstanding on the effective date of this Article. The difficulties arise primarily because this Article expands the scope of former Article 9 to cover additional types of collateral and transactions and because it provides new methods of perfection for some types of collateral, different priority rules, and different choice-of-law rules governing perfection and priority. This Section and the other sections in this Part address primarily this second set of problems.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VII - Transition › § 28:9–702. Savings clause

§ 28:9–702. Savings clause.
(a) Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001.
(b) Except as otherwise provided in subsection (c) of this section and §§ 28:9-703 through 28:9-709:
(1) Transactions and liens that were not governed by former Article 9, were validly entered into or created before July 1, 2001, and would be subject to this article if they had been entered into or created after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens, remain valid after July 1, 2001; and
(2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law that otherwise would apply if this article had not taken effect.
(c) This article shall not affect an action, case, or proceeding commenced before July 1, 2001.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
1. Pre-Effective-Date Transactions. Subsection (a) contains the general rule that this Article applies to transactions, security interests, and other liens within its scope (see Section 9-109), even if the transaction or lien was entered into or created before the effective date. Thus, secured transactions entered into under former Article 9 must be terminated, completed, consummated, and enforced under this Article. Subsection (b) is an exception to the general rule. It applies to valid, pre-effective-date transactions and liens that were not governed by former Article 9 but would be governed by this Article if they had been entered into or created after this Article takes effect. Under subsection (b), these valid transactions, such as the creation of agricultural liens and security interests in commercial tort claims, retain their validity under this Article and may be terminated, completed, consummated, and enforced under this Article. However, these transactions also may be terminated, completed, consummated, and enforced by the law that otherwise would apply had this Article not taken effect.
2. Judicial Proceedings Commenced Before Effective Date. As is usual in transition provisions, subsection (c) provides that this Article does not affect litigation pending on the effective date.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VII - Transition › § 28:9–704. Security interest unperfected before July 1, 2001

§ 28:9–704. Security interest unperfected before July 1, 2001.
A security interest that is enforceable immediately before July 1, 2001 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 July 1, 2001;
(2) Remains enforceable thereafter if the security interest becomes enforceable under § 28:9-203 on July 1, 2001 or within one year thereafter; and
(3) Becomes perfected:
(A) Without further action, on July 1, 2001 if the applicable requirements for perfection under this article 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.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
This section deals with security interests that are enforceable but unperfected (i.e., subordinate to the rights of a person who becomes a lien creditor) under former Article 9 or other applicable law immediately before this Article takes effect. These security interests remain enforceable for one year after the effective date, and thereafter if the appropriate steps for attachment under this Article are taken before the one-year period expires. (This section’s treatment of enforceability is the same as that of Section 9-703.) The security interest becomes a perfected security interest on the effective date if, at that time, the security interest satisfies the requirements for perfection under this Article. If the security interest does not satisfy the requirements for perfection until sometime thereafter, it becomes a perfected security interest at that later time.
Example: A security interest has attached under former Article 9 but is unperfected because the filed financing statement covers “all of debtor’s personal property” and controlling case law in the applicable jurisdiction has determined that this identification of collateral in a financing statement is insufficient. Upon the effective date of this Article, the financing statement becomes sufficient under Section 9-504(2). On that date the security interest becomes perfected. (This assumes, of course, that the financing statement is filed in the proper filing office under this Article.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VII - Transition › § 28:9–708. Persons entitled to file initial financing statement or continuation statement

§ 28:9–708. 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 July 1, 2001; or
(B) To perfect or continue the perfection of a security interest.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
Uniform Commercial Code Comment
This section permits a secured party to file an initial financing statement or continuation statement necessary under this Part to continue the effectiveness of a financing statement filed before this Article takes effect or to perfect or otherwise continue the perfection of a security interest. Because a filing described in this section typically operates to continue the effectiveness of a financing statement whose filing the debtor already has authorized, this section does not require authorization from the debtor.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VII - Transition › § 28:9–709. Priority

§ 28:9–709. Priority.
(a) This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Article 9 determines priority.
(b) For purposes of § 28:9-322(a), the priority of a security interest that becomes enforceable under § 28:9-203 dates from July 1, 2001 if the security interest is perfected under this article by the filing of a financing statement before July 1, 2001 which would not have been effective to perfect the security interest under former Article 9. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
(Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VIII - Transition Provisions for 2012 Amendments › § 28:9–802. Savings clause

§ 28:9–802. Savings clause.
(a) Except as otherwise provided in this part, the amendments made by the 2012 Act apply to a transaction or lien within its scope, even if the transaction or lien was entered into or created before the applicability date.
(b) The 2012 Act does not affect an action, case, or proceeding commenced before the applicability date.
(May 1, 2013, D.C. Law 19-302, § 2(s), 60 DCR 2688.)
Editor's Notes
Applicability of D.C. Law 19-302: Section 4 of D.C. Law 19-302 provided that the act shall apply as of July 1, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VIII - Transition Provisions for 2012 Amendments › § 28:9–803. Security interest perfected before applicability date

§ 28:9–803. Security interest perfected before applicability date.
(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.
(May 1, 2013, D.C. Law 19-302, § 2(s), 60 DCR 2688.)
Editor's Notes
Applicability of D.C. Law 19-302: Section 4 of D.C. Law 19-302 provided that the act shall apply as of July 1, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VIII - Transition Provisions for 2012 Amendments › § 28:9–804. Security interest unperfected before applicability date

§ 28:9–804. Security interest unperfected before applicability date.
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.
(May 1, 2013, D.C. Law 19-302, § 2(s), 60 DCR 2688.)
Editor's Notes
Applicability of D.C. Law 19-302: Section 4 of D.C. Law 19-302 provided that the act shall apply as of July 1, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 9 - Secured Transactions › Part VIII - Transition Provisions for 2012 Amendments › § 28:9–806. When initial financing statement suffices to continue effectiveness of financing statement

§ 28:9–806. When initial financing statement suffices to continue effectiveness of financing statement.
(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.
(May 1, 2013, D.C. Law 19-302, § 2(s), 60 DCR 2688.)
Section References
This section is referenced in § 28:9-805 and § 28:9-807.
Editor's Notes
Applicability of D.C. Law 19-302: Section 4 of D.C. Law 19-302 provided that the act shall apply as of July 1, 2013.