Newspaper article THE JOURNAL RECORD

State Plays Role in Plan to Revise Commercial Code

Newspaper article THE JOURNAL RECORD

State Plays Role in Plan to Revise Commercial Code

Article excerpt

Business and legal gurus met at the Waterford Hotel in Oklahoma City last week in an effort to streamline laws that govern most sales transactions -- the Uniform Commercial Code's Article 2.

The UCC Article 2 affects consumers, manufacturers and dealers in virtually every jurisdiction in the country.

The code is designed to make the laws regarding the sales of goods in various states consistent so that businesses and consumers across states have common rules to follow. Those meeting in Oklahoma City were a part of the 13-member drafting committee for the National Conference of Commissioners on Uniform State Laws. That organization itself has 300 members who are appointed from each state, usually by the governor, and include law professors, business professionals, attorneys and political officials. Fred Miller, executive director of the conference of commissioners and law professor at the University of Oklahoma, said the time for modifying the code has come. "Changing technology, chang-es in business practices and ambiguities in statutes are the three areas where revision is most needed," said Miller. "For example," said Miller, "sales transactions used to take place face to face. "Now, with changing technology, the ultimate user in a business transaction may be far away from the seller. There's no longer the traditional paper trail." He believes the code needs to reflect those changing practices. Those involved with day-to-day transactions involving sales of goods see the need for change as well. Thomas McCarthy, principal legal adviser to DuPont's sourcing and purchasing section in Delaware, says traditional transaction practices are a dying breed. "Both in selling and buying we are increasingly using electronic commerce. "The law needs to catch up with economic and commercial realities," said McCarthy. …

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