California Amends UCC Article 9 to Adopt Alternative A | Practical Law

California Amends UCC Article 9 to Adopt Alternative A | Practical Law

California has enacted an amendment to Article 9 of the Uniform Commercial Code to adopt the Alternative A approach for sufficiency of individual debtor names in UCC Section 9-503(a)(4).

California Amends UCC Article 9 to Adopt Alternative A

Practical Law Legal Update 8-579-5905 (Approx. 3 pages)

California Amends UCC Article 9 to Adopt Alternative A

by Practical Law Finance
Published on 02 Sep 2014USA (National/Federal)
California has enacted an amendment to Article 9 of the Uniform Commercial Code to adopt the Alternative A approach for sufficiency of individual debtor names in UCC Section 9-503(a)(4).
California has revised Article 9 of the Uniform Commercial Code (UCC) to adopt the legislative Alternative A "Only If" approach for the sufficiency of individual debtor names in Cal. Com. Code § 9503(a)(4). The governor signed bill AB 1858 into law on August 25, 2014 and the law will take effect on January 1, 2015. For more information on the non-uniform provisions enacted in California, see Practice Note, Proposed 2010 Amendments to UCC Article 9: State-by-state Adoption: California.
When California enacted the 2010 amendments to UCC Article 9 (2010 Amendments) in 2013, it adopted a non-uniform safe harbor for sufficiency of an individual debtor name. A driver's license was not included as a sufficient source of an individual debtor name. California now joins the majority of states by adopting the Alternative A approach for individual debtor name sufficiency, an approach which primarily focuses on using a debtor's driver's license or identification card. For information on Alternative A and the effect of Alternative A on secured party due diligence, see Practice Note, Effect of the 2010 UCC Amendments on Loan Documents: Practice Changes Relating to Individual Debtor Name.
The only two states yet to enact the 2010 Amendments are New York and Oklahoma. The New York bill to enact the 2010 Amendments has passed the New York State Legislature and will take effect as soon as it is transmitted to, and signed by, the governor.
For more information on the 2010 Amendments, see: