As readers of this column know, the complexities of the Uniform Commercial Code can challenge both jurists and practitioners. One very helpful resource in successfully navigating the UCC is the Permanent Editorial Board for the Uniform Commercial Code. The PEB is a joint committee composed of members of the American Law Institute and the Uniform Law Commission, and from time to time issues commentaries interpreting the UCC or its Official Comments.

The PEB began issuing commentaries in 1990. These commentaries aim to resolve ambiguities in the UCC, address issues where judicial opinions or legal writings differ on outcomes, apply the UCC to new or changed circumstances or interpret the UCC’s role in light of applicable statutes, regulations, or case law that may seem to suggest differing results. They at times provide perspective on how a provision works or should work, usually in response to a judicial decision misconstruing such provision. In other instances, they recommend specific amendments to the statute or will amend or supplement the UCC Official Comments. Even when the commentaries don’t go so far as to change the Official Comments or propose statutory changes, they are often persuasive to courts.

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