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 VIII - Transition Provisions for 2012 Amendments › § 28:9–807. Amendment of pre-effective-date financing statement

§ 28:9–807. Amendment of pre-effective-date financing statement.
(a) For the purposes of this section and § 28:9-806, “pre-effective-date financing statement” means a financing statement filed before the applicability date.
(b) After the applicability date, 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 the 2012 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) Except as otherwise provided in subsection (d) of this section, if the law of the District governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after the applicability date only if:
(1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 28:9-501;
(2) An amendment is filed in the office specified in § 28:9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 28:9- 806(c); or
(3) An initial financing statement that provides the information as amended and satisfies § 28:9-806(c) is filed in the office specified in § 28:9-501.
(d) If the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 28:9-805(c) and (e) or § 28:9-806.
(e) Whether or not the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in the District may be terminated after the applicability date 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 § 28:9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 as amended by the 2012 Act as the office in which to file a financing statement.
(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 › § 28:9–808. Person entitled to file initial financing statement or continuation statement

§ 28:9–808. 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:
(a) The secured party of record authorizes the filing; and “(b) The filing is necessary under this part:
(1) To continue the effectiveness of a financing statement filed before the applicability date; or
(2) To perfect or continue the perfection of a security interest.
(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 › § 28:9–809. Priority

§ 28:9–809. Priority.
Article 9 as amended by the 2012 Act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the applicability date, Article 9 as it existed before the applicability date determines priority.
(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 10 - Construction with Other Laws › § 28:10–103. Inconsistent laws; what law governs

§ 28:10–103. Inconsistent laws; what law governs.
(a) Except as provided by section 28:10-104, if any provision of law is inconsistent with this subtitle, this subtitle shall govern, unless this subtitle or the inconsistent provision of the other law specifically provides otherwise.
(b) If any provision of this subtitle is inconsistent with the Commissioner’s Order entitled the Regulations Governing the Business of Buying, Selling and Financing of Motor Vehicles in the District of Columbia Department of Licenses and Inspections, issued October 20, 1960 (C.O. 60-2219; 5AA DCRR), the Commissioner’s Order shall govern, unless this subtitle or the inconsistent provision of the Commissioner’s Order specifically provides otherwise.
(Dec. 30, 1963, 77 Stat. 769, Pub. L. 88-243, § 1; Mar. 31, 1982, D.C. Law 4-90, § 5, 29 DCR 666.)
Prior Codifications
1981 Ed., § 28:10-103.
1973 Ed., § 28:10-103.
Uniform Commercial Code Comment
This section provides for the repeal of all other legislation inconsistent with this Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 10 - Construction with Other Laws › § 28:10–104. Laws not repealed

§ 28:10–104. Laws not repealed.
(1) The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 28:1-201).
(2) Repealed.
(Dec. 30, 1963, 77 Stat. 769, Pub. L. 88-243, § 1; Apr. 9, 1997, D.C. Law 11-240, § 3(s), 44 DCR 1087.)
Prior Codifications
1981 Ed., § 28:10-104.
1973 Ed., § 28:10-104.
Section References
This section is referenced in § 28:10-103.
Uniform Commercial Code Comment
This section subordinates the Article of this Act on Documents of Title (Article 7) to the more specialized regulations of particular classes of bailees under other legislation and international treaties. Particularly, the provisions of that Article are superseded by applicable inconsistent provisions regarding the obligation of carriers and the limitation of their liability found in federal legislation dealing with transportation by water (including the Harter Act, Act of February 13, 1893, 27 Stat. 445, and the Carriage of Goods by Sea Act, Act of April 16, 1936, 49 Stat. 1207); the Warsaw Convention on International Air Transportation, 49 Stat. 3000, and Section 20(11) of the Interstate Commerce Act, Act of February 20, 1887, 24 Stat. 386, as amended. The Documents of Title provisions of this Act supplement such legislation largely in matters other than obligation of the bailee, e.g., form and effects of negotiation, procedure in the case of lost documents, effect of overissue, possibility of rapid transmission.
Doubts have been expressed whether Article 8 provides as complete protection on transfers of securities by fiduciaries as the Uniform Act for the Simplification of Fiduciary Security Transfers. The Editorial Board entirely favors the policy of simplifying fiduciary security transfers and believes that Article 8 soundly implements this policy. However, since the shorter Simplification Act has been so widely enacted and has been working satisfactorily, the Editorial Board recommends that it be retained.
Cross Reference:
Section 7-103.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–101. Effective date

§ 28:11–101. Effective date.
The provisions of this act which amend article 9 and the provisions affecting secured transactions shall become effective at 12:01 A.M. on the 181st day after the effective date of this act.
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-101.
Section References
This section is referenced in § 28:11-103, § 28:11-104, § 28:11-105, § 28:11-106, and § 28:11-107.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
Editor's Notes
D.C. Law 4-85 became law on March 16, 1982. The 181st day following March 16, 1982 was September 13, 1982.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–103. Transition to this act — general rule

§ 28:11–103. Transition to this act — general rule.
Transactions validly entered into after January 1, 1965 and before the effective date of this act (as provided in section 28:11-101 ), and which were subject to the provisions of articles 1 through 9 of the Uniform Commercial Code, effective January 1, 1965, and which would be subject to this act as amended if they had been entered into after the effective date of this act (as provided in section 28:11-101 ) and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by this act. Security interests arising out of such transactions which are perfected when this act becomes effective shall remain perfected until they lapse as provided in this act, and may be continued as permitted by this act, except as stated in section 28:11-105 .
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-103.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–104. Transition provision on change of requirement of filing

§ 28:11–104. 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 article 9 of this subtitle, effective January 1, 1965, and which attached prior to the effective date of this act (as provided in section 28:11-101 ) but was not perfected shall be deemed perfected on such effective date of this act if this act permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-104.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–105. Transition provision on change of place of filing

§ 28:11–105. Transition provision on change of place of filing.
(1) A financing statement or continuation statement filed prior to the effective date of this act (as provided in section 28:11-101) which shall not have lapsed prior to such effective date of this act shall remain effective for the period provided for in article 9 of this subtitle, effective January 1, 1965, but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of this act (as provided in section 28:11-101), 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 this act.
(3) The effectiveness of any financing statement or continuation statement filed prior to the effective date of this act (as provided in section 28:11-101) may be continued by a continuation statement as permitted by this act except that if this act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 28:11-106 shall be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if this act had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under section 28:9-402 (6) of this act on the effective date of this act (as provided in section 28:11-101).
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-105.
Section References
This section is referenced in § 28:11-103.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–106. Required refilings

§ 28:11–106. Required refilings.
(1) If a security interest is perfected or has priority when this act takes effect (as provided in section 28:11-101) 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 this act, the perfection and priority rights of the security interest continue until three years after such effective date of this act. 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 (as provided in section 28:11-101) 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 three years after this act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under section 28:9-302 (3) 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 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 a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six 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 effective January 1, 1965, or under any statute or other law repealed or modified by this act is still effective. Section 28:9-401 and section 28:9-103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of section 28:9-403 (3) for continuation statements apply to such a financing statement.
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-106.
Section References
This section is referenced in § 28:11-105.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–107. Transition provisions as to priorities

§ 28:11–107. Transition provisions as to priorities.
Except as otherwise provided in this article, the Uniform Commercial Code effective January 1, 1965, shall apply to any questions of priority if the positions of the parties were fixed prior to the effective date of this act (as provided in section 28:11-101 ). In other cases questions of priority shall be determined by this act.
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-107.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Subtitle I - Uniform Commercial Code › Article 11 - Effective Date and Transition Provisions › § 28:11–108. Presumption that rule of law continues unchanged

§ 28:11–108. Presumption that rule of law continues unchanged.
Unless a change in law has clearly been made, the provisions of this act shall be deemed declaratory of the meaning of the Uniform Commercial Code, effective January 1, 1965.
(Mar. 16, 1982, D.C. Law 4-85, § 40, 29 DCR 309.)
Prior Codifications
1981 Ed., § 28:11-108.
References in Text
“This act”, referred to in this section, is D.C. Law 4-85.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2101. Form of assignment

§ 28–2101. Form of assignment.
In a voluntary assignment for the benefit of creditors, the debtor shall annex to the assignment (1) an inventory, under oath or affirmation, of his estate, real and personal, according to the best of his knowledge, (2) a list of his creditors, their respective residences and places of business, if known, and (3) the amounts of their respective demands.
(Aug. 30, 1964, 78 Stat. 667, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2101.
1973 Ed., § 28-2101.
Cross References
Exemptions, see § 15-501 et seq.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2102. Extent of assignment — Assets exempt

§ 28–2102. Extent of assignment — Assets exempt.
An assignment vests in the assignee the title to all property, except what is legally exempt, belonging to the debtor at the time of making the assignment and comprehended within its general terms. The inventory annexed to an assignment is not conclusive as to the amount of the debtor’s estate.
An assignment for the benefit of creditors does not include or cover property exempt from levy or sale on execution unless the exemption is expressly waived. The court may direct the manner in which exempt property may be ascertained and set aside before a sale by a trustee.
(Aug. 30, 1964, 78 Stat. 667, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2102.
1973 Ed., § 28-2102.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2103. Assignee

§ 28–2103. Assignee.
Only a resident of the District of Columbia may be an assignee in an assignment for the benefit of creditors. His assent shall appear in writing in, or at the end of, or indorsed on, the assignment. An assignment is invalid unless acknowledged and recorded within five days after its execution in the land records of the District. A trust created by an assignment shall be executed under the supervision and control of the court having probate jurisdiction.
(Aug. 30, 1964, 78 Stat. 668, Pub. L. 88-509, § 1; July 29, 1970, 84 Stat. 569, Pub. L. 91-358, title I, § 151(a); Apr. 9, 1997, D.C. Law 11-255, § 27(a), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-2103.
1973 Ed., § 28-2103.
Section References
This section is referenced in § 28-2105.
Cross References
Civil jurisdiction, probate, see §§ 11-501 and 11-921.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2104. Bond of assignee

§ 28–2104. Bond of assignee.
Immediately upon the filing for record of an assignment for the benefit of creditors, the assignee shall execute and file in the clerk’s office of the court having probate jurisdiction his bond to the United States, in an amount and with security to be approved by a judge thereof, conditioned for the faithful performance of his duties according to law, and the court may from time to time require the assignee, or a trustee appointed in his place, to give additional security when required by the interests of the creditors.
(Aug. 30, 1964, 78 Stat. 668, Pub. L. 88-509, § 1; July 29, 1970, 84 Stat. 569, Pub. L. 91-358, title I, § 151(a).)
Prior Codifications
1981 Ed., § 28-2104.
1973 Ed., § 28-2104.
Section References
This section is referenced in § 28-2105.
Cross References
Civil jurisdiction, probate, see §§ 11-501 and 11-921.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2105. Nonperformance by assignee — Trustee

§ 28–2105. Nonperformance by assignee — Trustee.
If an assignee named in an assignment for the benefit of creditors fails or refuses to comply with any of the requirements of sections 28-2103 and 28-2104 , a judge of the court having probate jurisdiction may, on the application of the assignor or a creditor interested in the assignment, remove the assignee and appoint a trustee in his place to execute the trusts created by the assignment, who shall give bond as the court may require. And the court may accept the resignation of an assignee or trustee, and in case of his resignation, death, or removal from the District, appoint a trustee in his place. The court, for cause shown, on the application of an interested person, may remove an assignee or trustee and appoint a trustee in his place, and make and enforce all orders necessary to put the newly appointed trustee in possession of all property covered by the assignment. Upon the death of an assignee or trustee the court may require his executor or administrator to settle his account and to deliver over to his successor all property belonging to the trust, in default of which the successor may bring suit upon the bond of the deceased assignee or trustee or upon the bond of the executor or administrator, accordingly as the assignee or trustee, executor or administrator is the party in default.
(Aug. 30, 1964, 78 Stat. 668, Pub. L. 88-509, § 1; July 29, 1970, 84 Stat. 569, Pub. L. 91-358, title I, § 151(b).)
Prior Codifications
1981 Ed., § 28-2105.
1973 Ed., § 28-2105.
Cross References
Civil jurisdiction, probate, see §§ 11-501 and 11-921.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2106. Duties of assignee

§ 28–2106. Duties of assignee.
An assignee or trustee, after giving bond, shall collect and take into his possession all the property covered by the assignment, and to that end he may bring suit in his own name to recover debts due or property belonging to the assignor and embraced in the assignment. The court may require the assignor to be examined under oath touching his property, and may make all orders necessary to prevent any fraudulent transfer of or change in the property of the assignor. The assignee or trustee shall return inventories of the assets coming to his hands and, upon the direction of the court, sell and dispose of them; and his conveyance of any property of the assignor, real or personal, transfers the entire title of the assignor therein to the purchaser. When the assets have been converted into money the assignee or trustee shall settle his accounts and make distribution among the creditors, under the direction of the court, according to the usual course of proceeding in creditor’s suits.
(Aug. 30, 1964, 78 Stat. 668, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2106.
1973 Ed., § 28-2106.
Cross References
Civil jurisdiction, probate, see §§ 11-501 and 11-921.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2107. Preferences prohibited

§ 28–2107. Preferences prohibited.
A provision in a voluntary assignment made for the payment of one debt or liability in preference to another is void, and all debts and liabilities within the provisions of the assignment shall be paid pro rata from the assets. This section does not affect the priority of liens and incumbrances created bona fide and existing before the execution of the assignment.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2107.
1973 Ed., § 28-2107.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2108. Proceedings for benefit of all creditors

§ 28–2108. Proceedings for benefit of all creditors.
A proceeding instituted under this chapter by one or more creditors is deemed to be for the equal benefit of all creditors, but the court may make such allowance to the creditor or creditors instituting the same, out of the fund to be distributed, or expenses, including counsel fees, as may be just and equitable.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2108.
1973 Ed., § 28-2108.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2109. Assignment to hinder or defraud creditors

§ 28–2109. Assignment to hinder or defraud creditors.
This chapter does not prevent a creditor otherwise entitled from attacking an assignment as made to hinder or defraud the creditors of the assignor. When the court finds an assignment to have been made with that intent, it may enjoin any proceeding thereunder, and upon finally decreeing the assignment to be void may appoint a trustee with power to take possession of all the property of the debtor, and may make and enforce all orders necessary to put him in possession of the property. The trustee shall qualify in the same manner and perform the same duties as the trustees provided for by this chapter.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2109.
1973 Ed., § 28-2109.
Cross References
Fraudulent conveyances, see § 28-3101 et seq.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 21 - Assignment for Benefit of Creditors › § 28–2110. Notice to creditors

§ 28–2110. Notice to creditors.
The court shall require a trustee, whether named in the assignment or appointed by the court, in pursuance of this chapter, to give notice as the court may think proper to all the creditors of the assignor to produce and prove their respective claims against the assignor before the auditor of the court, to the end that they may be fairly adjudicated and the creditors may share equally the assets of the insolvent assignor, subject, however, to any legal priorities created by valid incumbrances antedating the assignment.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2110.
1973 Ed., § 28-2110.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 23 - Assignment of Choses in Action › § 28–2301. Assignment of judgment or money decree

§ 28–2301. Assignment of judgment or money decree.
A judgment or money decree may be assigned in writing, and upon the assignment thereof being filed in the clerk’s office the assignee may maintain an action or sue out an execution on the judgment in his own name, as the original plaintiff might have done.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2301.
1973 Ed., § 28-2301.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 23 - Assignment of Choses in Action › § 28–2302. Assignment of bond or obligation

§ 28–2302. Assignment of bond or obligation.
An obligee named in a bond or obligation under seal for the payment of money may assign it in writing and the assignee may maintain an action thereon in his own name.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2302.
1973 Ed., § 28-2302.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 23 - Assignment of Choses in Action › § 28–2303. Assignment of nonnegotiable contract

§ 28–2303. Assignment of nonnegotiable contract.
An owner of a nonnegotiable written agreement for the payment of money, including a nonnegotiable bill of exchange and a promissory note, or for the delivery of personal property, an open account, debt, and demand of a liquidated character, except a claim against the United States or the salary of a public officer, may assign it in writing, and the assignee may maintain an action thereon in his own name.
(Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2303.
1973 Ed., § 28-2303.
Cross References
Judicial procedure, counterclaims, effect of assignment, see § 13-502.
Liens on motor vehicles or trailers, assignment, see §§ 50-1208 and 50-1209.
Retirement of public school teachers, nonassignability of annuities, see § 38-2001.17.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 23 - Assignment of Choses in Action › § 28–2304. General assignments including choses in action

§ 28–2304. General assignments including choses in action.
In a general assignment which includes choses in action, it is not necessary to execute a separate assignment of each chose in action, but the assignee, by virtue of the general assignment, may sue in his own name on the several choses in action included therein.
(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2304.
1973 Ed., § 28-2304.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 23 - Assignment of Choses in Action › § 28–2305. Contract to assign future salary or wages

§ 28–2305. Contract to assign future salary or wages.
(a) A contract attempting or purporting to transfer or assign salary or wages to be earned by the debtor, if made in the District of Columbia, is invalid and contrary to public policy and unenforceable, and if made outside the District of Columbia, is unenforceable in any court within the District of Columbia.
(b) Whoever, in the District of Columbia demands or receives from a debtor an assignment of salary or wages to be thereafter earned by the debtor, or notifies an employer that he holds an assignment of such salary or wages, upon conviction shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than sixty days. Prosecutions under this subsection shall be upon information filed in the Criminal Division of the Superior Court of the District of Columbia by the Corporation Counsel of the District of Columbia or one of his assistants.
(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); June 11, 2013, D.C. Law 19-317, § 285(a), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 28-2305.
1973 Ed., § 28-2305.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $200” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 285(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 25 - Bonds and Undertakings › § 28–2501. Definitions

§ 28–2501. Definitions.
A bond, when required by or referred to in this Code, means an obligation in a certain sum or penalty, subject to a condition, on breach of which it is to become absolute and enforceable by action.
An undertaking means an agreement entered into by a party to a suit or proceeding, with or without sureties, upon which a judgment or decree may be rendered in the same suit or proceeding against the party and his sureties, if any, the party and sureties submitting themselves to the jurisdiction of the court for that purpose.
(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2501.
1973 Ed., § 28-2501.
Cross References
Attachment and garnishment, affidavits and bonds, see § 16-501.
Sureties, see § 16-4101 et seq.
Undertakings in replevin, see § 16-3704.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 25 - Bonds and Undertakings › § 28–2502. Action on bonds in a penal sum containing an avoidance condition

§ 28–2502. Action on bonds in a penal sum containing an avoidance condition.
A bond in a penal sum, containing a condition that it shall be void on the payment of a certain sum of money, or the performance of an act or of certain duties, has the same effect for the purpose of maintaining an action upon it as if it contained a covenant to pay the money or perform the act or the duties specified in the condition. But the damages to be recovered for a breach, or successive breaches, of the condition, as against the sureties therein, may not exceed the penalty of the bond.
(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2502.
1973 Ed., § 28-2502.
Section References
This section is referenced in § 15-106.
Cross References
Judgments and decrees, damages assessed in actions on bonds or penal sums, see § 15-106.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 25 - Bonds and Undertakings › § 28–2503. Action on bond to United States — Interest by private person

§ 28–2503. Action on bond to United States — Interest by private person.
When a bond is executed to the United States by a fiduciary or public officer, conditioned for the performance of certain duties, in the performance of which private persons are interested, a person aggrieved by a breach of the condition may maintain an action thereon in his own name against the obligor and his sureties to recover damages for the injury suffered by him in consequence of the breach. The custodian of the bond shall furnish a certified copy thereof to the party for that purpose on payment of the legal fees therefor.
(Aug. 30, 1964, 78 Stat. 670, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2503.
1973 Ed., § 28-2503.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 25 - Bonds and Undertakings › § 28–2504. Fiduciary’s bond — Discharge only after accounting

§ 28–2504. Fiduciary’s bond — Discharge only after accounting.
A person appointed by order or decree of the court to a fiduciary office may not discharge his bond for the due performance of his duties, by receipts, releases, or acquittances from himself, as attorney for parties interested, to himself as fiduciary; but the funds or estate for the application whereof he is responsible shall be considered as remaining in his hands, and the bond shall continue in force as against both principal and sureties until the funds or estate are fully accounted for and paid over or delivered to the parties interested therein, or their attorney, other than himself.
(Aug. 30, 1964, 78 Stat. 671, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2504.
1973 Ed., § 28-2504.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 27 - Business Holidays and Computation of Time › Subchapter II - Computation of Time › § 28–2711. Daylight savings time

§ 28–2711. Daylight savings time.
The standard time applicable in the District of Columbia shall be advanced by one hour from 2:00 a.m. on the second Sunday in March of each year until 2:00 a.m. on the first Sunday in November of each year and this time, known as daylight savings time, shall, during the period of the year for which it is applicable, be the standard time for the District of Columbia.
(Aug. 30, 1964, 78 Stat. 672, Pub. L. 88-509, § 1; Mar. 13, 1985, D.C. Law 5-133, § 2, 31 DCR 5720; Apr. 9, 1997, D.C. Law 11-255, § 27(b), 44 DCR 1271; Dec. 2, 2011, D.C. Law 19-45, § 3, 58 DCR 8937.)
Prior Codifications
1981 Ed., § 28-2711.
1973 Ed., § 28-2711.
Section References
This section is referenced in § 25-723.
Effect of Amendments
D.C. Law 19-45 substituted “2:00 a.m. on the second Sunday in March of each year until 2:00 a.m. on the first Sunday in November” for “2:00 AM on the last Sunday in April of each year until 2:00 AM on the last Sunday in October”.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2901. Definitions

§ 28–2901. Definitions.
In this chapter, unless the context otherwise requires:
(1) “assignment” includes a written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer;
(2) “claim of beneficial interest” includes a claim of any interest by a decedent’s legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of a similar interest, whether the claim is asserted by the claimant, or by a fiduciary, or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties;
(3) “corporation” means a private or public corporation, association, or trust issuing a security;
(4) “fiduciary” means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee;
(5) “person” includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or other legal or commercial entity;
(6) “security” includes a share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation;
(7) “transfer” means a change on the books of a corporation in the registered ownership of a security;
(8) “transfer agent” means a person employed or authorized by a corporation to transfer securities issued by the corporation.
(Aug. 30, 1964, 78 Stat. 672, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2901.
1973 Ed., § 28-2901.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2902. Registration in name of a fiduciary

§ 28–2902. Registration in name of a fiduciary.
A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
(Aug. 30, 1964, 78 Stat. 672, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2902.
1973 Ed., § 28-2902.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2903. Assignment by fiduciary

§ 28–2903. Assignment by fiduciary.
Except as otherwise provided by this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:
(1) may assume without inquiry that the assignment, even though to the fiduciary himself or his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;
(2) may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(3) is not charged with notice of and is not bound to obtain or examine any court record or recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
(Aug. 30, 1964, 78 Stat. 673, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2903.
1973 Ed., § 28-2903.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2904. Evidence of appointment of incumbency

§ 28–2904. Evidence of appointment of incumbency.
A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall require the following evidence of appointment or incumbency:
(1) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof, and dated within sixty days before the transfer; or
(2) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt reasonable standards with respect to evidence of appointment or incumbency under this subsection. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection except to the extent that the contents relate directly to the appointment or incumbency.
(Aug. 30, 1964, 78 Stat. 673, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2904.
1973 Ed., § 28-2904.
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2905. Adverse claims

§ 28–2905. Adverse claims.
(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may notify in writing the corporation or transfer agent of the claim. The corporation or transfer agent is not put on notice unless the written notice (1) identifies the claimant, the registered owner, and the issue of which the security is a part, (2) provides an address for communications directed to the claimant, and (3) is received before the transfer. This chapter does not relieve the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized by subsection (b).
(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for thirty days after the mailing and shall then make the transfer unless restrained by a court order.
(Aug. 30, 1964, 78 Stat. 673, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2905.
1973 Ed., § 28-2905.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2906. Nonliability of corporation and transfer agent

§ 28–2906. Nonliability of corporation and transfer agent.
A corporation or transfer agent does not incur liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter.
(Aug. 30, 1964, 78 Stat. 674, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2906.
1973 Ed., § 28-2906.
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Act for Simplification of Fiduciary Security Transfers.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 29 - Fiduciary Security Transfers › § 28–2907. Nonliability of third persons

§ 28–2907. Nonliability of third persons.
(a) A person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is not liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.
(b) When a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this chapter incurs no liability.
(c) This section does not impose any liability upon the corporation or its transfer agent.
(Aug. 30, 1964, 78 Stat. 674, Pub. L. 88-509, § 1.)
Prior Codifications
1981 Ed., § 28-2907.
1973 Ed., § 28-2907.
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Act for Simplification of Fiduciary Security Transfers.