AppendixAPPENDIX TO TITLE 13 COMMERCIAL CODE

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Supplementary Provisions of Amendatory Statutes

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1979, NOVEMBER 1, P.L.255, NO.86

§ 7.  Legislative intent.

In enacting this act, it is the intent of the General Assembly to transfer the former provisions of the act of April 6, 1953 (P.L.3, No.1), known as the "Uniform Commercial Code," reenacted, amended and revised October 2, 1959 (P.L.1023, No.426), to Title 13 of the Pennsylvania Consolidated Statutes (relating to commercial code) without effecting a change in substantive law and the act shall be interpreted and construed to effectuate this intent.

§ 9.  Effective date.

This act shall take effect at 12:01 a.m. on the first day of either January or July, whichever month first occurs not less than 30 days from the date of final enactment of this act.

1982, NOVEMBER 26, P.L.696, NO.201

§ 2.  Transition provisions in general.

Transactions validly entered into before the effective date of this act, and which were subject to the provisions of Title 13 of the Pennsylvania Consolidated Statutes (relating to commercial code) and which would be subject thereto under this act, if they had been entered into after the effective date of this act and the rights, duties and interests flowing from such transactions remain valid after the effective date of this act and may be terminated, completed, consummated or enforced as required or permitted after the effective date of 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 herein and may be continued, except as stated in section 4.

Explanatory Note.  Act 201 amended or added sections 1105, 1201, 2107, 2702, 3501, 4208, 5116, 7209, 9102, 9103, 9104, 9105, 9106, 9114, 9203, 9204, 9205, 9301, 9302, 9304, 9305, 9306, 9307, 9308, 9312, 9313, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9408, 9409, 9501, 9502, 9504 and 9505.

§ 3.  Transition provision on change of requirement on filing.

A security interest for the perfection of which filing or the taking of possession was required prior to this act and which attached prior to the effective date of this act but was not perfected shall be deemed perfected on the effective date of this act if this act permits perfection without filing or authorizes filing in the office where a prior ineffective filing was made.

§ 4.  Transition provision on changes of place of filing.

(a)  Financing statements filed prior to this act.--A financing statement or continuation statement filed prior to the effective date of this act which shall not have lapsed prior to that date shall remain effective for the period provided prior thereto, but not less than five years after the filing.

(b)  Collateral acquired subsequent to this act.--With respect to any collateral acquired by the debtor subsequent to the effective date of this act, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office that would be appropriate to perfect the security interests in the new collateral after the effective date of this act.

(c)  Continuation.--The effectiveness of any financing statement or continuation statement filed prior to the effective date of this act may be continued by a continuation statement as permitted in this act, except that if filing is in an office where there was no previous financing statement required, a new financing statement conforming to section 5 shall be filed in that office.

(d)  Mortgage as fixture filing.--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 13 Pa.C.S. § 9402(f) (relating to mortgage as financing statement) as revised by this act.

§ 5.  Required refilings.

(a)  General rule.--If a security interest is perfected or has priority when this act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons after the effective date, the perfection and priority rights of the security interest continue until three years after the effective date of this act. The perfection will then lapse unless a financing statement is filed as provided in subsection (d) or unless the security interest is perfected otherwise than by filing.

(b)  Perfection under other law.--If a security interest is perfected when this act takes effect under a law other than the Uniform Commercial Code prior thereto which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after the effective date of this act, unless a financing statement is filed as provided in subsection (d) or unless the security interest is perfected otherwise by filing, or unless under 13 Pa.C.S. § 9302(c) (relating to when filing provisions of division inapplicable) the other law continues to govern filing.

(c)  Perfection under repealed acts.--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 (d) or unless the security interest is perfected otherwise than by filing.

(d)  Filing before perfection lapses.--A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse, if perfection had been obtained by a filing under a statute other than the Uniform Commercial Code prior to the effective date of this act, or a filing in an office which would be improper thereunder after the effective date of this act. Any such financing statement may be signed by either the debtor or the secured party. It shall identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this act is still effective. 13 Pa.C.S. § 9401 (relating to place of filing; erroneous filing; removal of collateral) and 13 Pa.C.S. § 9403 (relating to what constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer) as amended by this act, determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of 13 Pa.C.S. § 9403(c) as amended by this act for continuation statements apply to such a financing statement.

§ 6.  Transition provisions as to priorities.

Except as otherwise provided in the transition provisions of this act, the provisions of Title 13 of the Pennsylvania Consolidated Statutes (relating to commercial code) in effect prior to the effective date of this act shall apply to any questions of priority if the positions of the parties were fixed prior to the effective date of this act. In other cases, questions of priority shall be determined as provided by this act.

§ 7.  Effective date.

This act shall take effect at 12:01 a.m. on the 180th day following the date of final enactment of this act.

1992, JULY 9, P.L.507, NO.97

§ 1.  Short title.

This act shall be known and may be cited as the Uniform Commercial Code Modernization Act.

Explanatory Note.  Act 97 amended, added or repealed sections 1101, 1105, 1201, 1207, 2101, 2103, 2403 and 2511, Division 2A, Division 3, sections 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4301, 4302, 4303, 4401, 4402, 4403, 4405, 4406, 4407, 4501, 4502, 4503 and 4504, Division 4A, 5101, 5103, 5111 and 5114, Division 6, sections 7101, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8201, 8202, 8203, 8204, 8205, 8206, 8207 and 8208, the heading of Chapter 83 and sections 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8309, 8310, 8311, 8312, 8313, 8314, 8315, 8316, 8317, 8318, 8319, 8320, 8321, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 9101, 9103, 9105, 9111, 9113, 9203, 9206, 9302, 9304, 9305, 9309 and 9312 of Title 13.

§ 30.  Rights and obligations under former bulk transfer provisions.

Rights and obligations that arose under 13 Pa.C.S. Div. 6 (relating to bulk transfers) and 13 Pa.C.S. § 9111 (relating to applicability of bulk transfer laws) before their repeal remain valid and may be enforced as though those provisions had not been repealed.

§ 32.  Effective date.

This act shall take effect in one year.

1996, MAY 22, P.L.248, NO.44

§ 1.  Short title.

This act shall be known and may be cited as the Uniform Commercial Code Modernization Act of 1996.

Explanatory Note.  Act 44 amended, added or repealed sections 1105, 1206, 1209, 2201, 3312, 4104 and 5114, Division 8 and sections 9103, 9105, 9106, 9115, 9116, 9203, 9301, 9302, 9303, 9304, 9305, 9306, 9309 and 9312 of Title 13.

§ 12.  References to Uniform Commercial Code.

The references to Articles 3 and 8 of the act of April 6, 1953 (P.L.3, No.1), known as the Uniform Commercial Code, in section 102(c)(2) of the act of July 12, 1972 (P.L.781, No.185), known as the Local Government Unit Debt Act, shall be deemed to be references to Divisions 3 and 8 of Title 13, respectively.

§ 14.  Effect of effective date of act.

(a)  Existing actions or proceedings.--This act does not affect an action or proceeding commenced before this act takes effect.

(b)  Perfection of security interest.--If a security interest in a security is perfected at the date this act takes effect and the action by which the security interest was perfected would suffice to perfect a security interest under this act, no further action is required to continue perfection. If a security interest in a security is perfected at the date this act takes effect but the action by which the security interest was perfected would not suffice to perfect a security interest under this act, the security interest remains perfected for a period of four months after the effective date of this act and continues perfected thereafter if appropriate action to perfect under this act is taken within that period. If a security interest is perfected at the date this act takes effect and the security interest can be perfected by filing under this act, a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect.

(c)  Applicability to qualified financial contracts.--The addition of 13 Pa.C.S. §§ 1206(c) and 2201(d) and the last sentence of 13 Pa.C.S. § 1206(b) shall apply to qualified financial contracts entered into before, on or after the effective date of this act, and to written contracts described in §§ 1206(c)(2)(ii) and 2201(d)(2) entered into before, on or after the effective date of this act.

2001, JUNE 8, P.L.123, NO.18

§ 1.  Short title.

This amendatory act shall be known and may be cited as the Uniform Commercial Code Modernization Act of 2001.

Explanatory Note.  Act 18 amended sections 1105, 1201, 1206, 2103, 2104, 2210, 2326, 2502, 2512, 2716, 2A103, 2A303, 2A307, 2A309, 3103, 4105, 4210, 4A103 and 4A105, repealed and added Division 5, amended sections 7503, 8102, 8103, 8106, 8110, 8301, 8302 and 8510 and repealed and added Division 9 of Title 13.

§ 28.  Applicability of transitional provisions.

The following transitional provisions apply only to the addition of 13 Pa.C.S. §§ 5101 through 5117:

(1)  A transaction arising out of or associated with a letter of credit that was issued before the effective date of this act and the rights, obligations and interests flowing from that transaction are governed by any statute or other law amended or repealed by this act as if repeal or amendment had not occurred and may be terminated, completed, consummated or enforced under that statute or other law.

(2)  This act applies to a letter of credit that is issued on or after the effective date of this act. This act does not apply to a transaction, event, obligation or duty arising out of or associated with a letter of credit that was issued before the effective date of this act.

2001, JUNE 22, P.L.418, NO.34

§ 3.1.  Temporary fee schedule.

The Department of State is authorized to prescribe a fee schedule to implement 13 Pa.C.S. § 9525. The following apply to the fee schedule:

(1)  The fee schedule shall be published in the Pennsylvania Bulletin.

(2)  The fee schedule is not a regulation and is not subject to:

(i)  section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929;

(ii)  the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law;

(iii)  section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act; or

(iv)  the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(3)  The fee schedule shall expire on the earlier of:

(i)  September 30, 2001; or

(ii)  the effective date of regulations promulgated under 13 Pa.C.S. § 9525(d).

Explanatory Note.  Act 34 amended Title 15.

2008, APRIL 16, P.L.57, NO.13

§ 22.  Applicability.

This act shall apply as follows:

(1)  This act applies to a document of title that is issued or a bailment that arises on or after the effective date of this section.

(2)  This act does not apply to a document of title that is issued or a bailment that arises before the effective date of this section even if the document of title or bailment would be subject to this act if the document of title had been issued or bailment had arisen after the effective date of this section.

(3)  This act does not apply to a right of action that has accrued before the effective date of this section.

Explanatory Note.  Act 13 amended, added or deleted Division 1, sections 2103, 2104, 2202, 2208, 2310, 2323, 2401, 2503, 2505, 2506, 2509, 2605, 2705, 2A103, 2A207, 2A501, 2A514, 2A518, 2A519, 2A526, 2A527, 2A528, 3103, 4104, 4210, 4A105, 4A106, 4A204 and 5103, Division 7 and sections 8102, 8103, 9102, 9203, 9207, 9208, 9301, 9304, 9309, 9310, 9312, 9313, 9314, 9317, 9338 and 9601.

§ 23.  Relationship to other laws.

A document of title issued or a bailment that arises before the effective date of this section and the rights, obligations and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this act as if the amendment or repeal had not occurred and may be terminated, completed, consummated or enforced under that statute or other rule.