Wednesday, October 23, 2013

Made in the USA: How the UCC Regulates Business Transaction in the United States

“Made in the USA” is no longer a nostalgic phrase from the 50s; U.S. manufacturing has been making a steady comeback in the last few years. American manufacturing’s “re-shoring” to stateside has not only created increased sales of good ole American goods in our home-front but it has also influenced patriotism amongst consumers and manufacturers alike. A growing number of suppliers, vendors and retailers have been relying on their fellow Americans for goods all around the States.

Conducting business transactions outside of one’s state has become popular, as well as preferable as a result of the growing costs of importing. Conducting business out of your state can include the need for contractual agreements for selling and purchasing goods, leasing equipment or even borrowing money from out of state lenders.

So what regulates such contractual agreements? The Uniform Commercial Code of course.  The UCC is not a federal law; it is the product of the National Conference of Commissioners on Uniform State Laws and the American Law Institute. Based on the suggested laws presented by these two institutions, all 50 states, including U.S. territories, have adopted either partially or entirely, the UCC into their statutes.

The UCC consists of uniform codes that “spell-out” the regulations that govern over contractual agreements for sales of goods, lease of goods, transferring of funds, letters of credit and more. Although each state’s adoption of the proposed UCC may differ in some verbal contexts, its overall use is compliance of the law in regards to business and commercial transactions between businesses in differing states.

One of the most applicable articles in the UCC is Article 2 which governs the sale of goods. For small business, the UCC may also come into play when borrowing money from out of state lenders or when negotiating liens. Other important articles include ownership of securities governed by Article 8; regulations for secured transactions established by Article 9 and bulk transfers and bulk sale regulations in Article 6.

The ongoing increase of U.S. manufacturing on our own soil will undoubtedly create business opportunities and partnerships between you and your fellow American. Be prepared!  It is essential and highly important to be aware of the UCC provisions governing each state in which you conduct a business or commercial transaction. 

This content is intended for educational purposes only. 

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