Recent amendments to the Uniform Commercial Code (UCC) include new Article 12, which governs the transfer of property rights in a newly described category of digital assets characterized as “controllable electronic records.” (CERs). This new article seeks to clarify what rules should apply to questions involving the rights a transferees who acquire a CER, how to use CERs as collateral for secured transactions, how to perfect security interests in CERs, and how to determine priority over such perfected security interests. This CLE examines the new definition of CERs provided in Article 12, rights acquired by a transferee of a CER who obtains control, treatment of rights that may be tethered to a CER, choice of law issues, transition rules, amendments to Article 9, and important updates to existing definitions that are impacted by Article 12.
New Hampshire is one of only a few states that have adopted a draft of Article 12 and we are in in the process of adopting amendments to conform our version to the final Uniform version. Article 12 was adopted in New Hampshire effective 1/1/2023. This presentation is a must-see event for any lawyer involved in banking, finance, or commercial debtor/creditor work.
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Materials:
Materials for Online seminars, CLEtoGo seminars and Live Webcasts come in pdf format after purchase for you to download and save/print. They will be available in your online account through this catalog.