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Sales Of Personal Property As Secured Transactions Under Article 9 Of The Uniform Commercial Code, D. Fenton Adams

University of Arkansas at Little Rock Law Review

The principal focus of Article 9 of the Uniform Commercial Code (UCC) has always dealt with transactions intended by the parties to create security interests in personal property. In 1998, the sponsors of the UCC approved a sweeping revision of Article 9; however, the main focus of the Article was not changed. § 9-109(a)(1) of revised Article 9 provides: "[e]xcept as otherwise provided in subsection (c) and (d), this Article applies to (1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract," and § 1-201(37) of the Code, although modified to …