House Bill No. 6854
House Bill No. 6854
PUBLIC ACT NO. 93-107
AN ACT REPEALING ARTICLE 6 OF THE UNIFORM
COMMERCIAL CODE CONCERNING BULK TRANSFERS.
Section 1. Section 42a-1-105 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(1) Except as provided hereafter in this
section, when a transaction bears a reasonable
relation to this state and also to another state
or nation the parties may agree that the law
either of this state or of such other state or
nation shall govern their rights and duties.
Failing such agreement this title applies to
transactions bearing an appropriate relation to
this state.
(2) Where one of the following provisions of
this title specifies the applicable law, that
provision governs and a contrary agreement is
effective only to the extent permitted by the law,
including the conflict of laws rules, so
specified:
Rights of creditors against sold goods.
Section 42a-2-402. Applicability of the article on
bank deposits and collections. Section 42a-4-102.
Governing law in the article on funds
transfers. Section 42a-4A-507.
[Bulk transfers subject to the article on
bulk transfers. Section 42a-6-102.]
Applicability of the article on investment
securities. Section 42a-8-106.
Perfection provisions of the article on
secured transactions. Section 42a-9-103a.
Sec. 2. Section 42a-2-403 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(1) A purchaser of goods acquires all title
which his transferor had or had power to transfer
except that a purchaser of a limited interest
acquires rights only to the extent of the interest
purchased. A person with voidable title has power
to transfer a good title to a good faith purchaser
for value. When goods have been delivered under a
transaction of purchase the purchaser has such
power even though (a) the transferor was deceived
as to the identity of the purchaser, or (b) the
delivery was in exchange for a check which is
later dishonored, or (c) it was agreed that the
transaction was to be a "cash sale," or (d) the
delivery was procured through fraud punishable as
larcenous under the criminal law.
(2) Any entrusting of possession of goods to
a merchant who deals in goods of that kind gives
him power to transfer all rights of the entruster
to a buyer in ordinary course of business.
(3) "Entrusting" includes any delivery and
any acquiescence in retention of possession
regardless of any condition expressed between the
parties to the delivery or acquiescence and
regardless of whether the procurement of the
entrusting or the possessor's disposition of the
goods have been such as to be larcenous under the
criminal law.
(4) The rights of other purchasers of goods
and of lien creditors are governed by articles
[6,] 7 and 9.
Sec. 3. (NEW) Rights and obligations that
arose under sections 42a-6-101 to 42a-6-110a,
inclusive, and section 42a-9-111 of the general
statutes before their repeal on the effective date
of this act remain valid and may be enforced as
though those sections had not been repealed.
Sec. 4. Sections 42-170, 42a-6-101 to
42a-6-110a, inclusive, and 42a-9-111 of the
general statutes are repealed.