AN ACT Relating to the Uniform Commercial Code‑-Bulk
Sales; amending RCW 62A.1-105 and 62A.2-403; and repealing RCW 62A.6-101,
62A.6-102, 62A.6-103, 62A.6-104, 62A.6-105, 62A.6-106, 62A.6-107, 62A.6-108,
62A.6-109, 62A.6-110, 62A.6-111, and 62A.9-111.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 6-101 The following acts or parts of acts are repealed:
(1) RCW 62A.6-101 and 1965 ex.s. c 157 s 6-101;
(2) RCW 62A.6-102 and 1967 c 114 s 2 & 1965
ex.s. c 157 s 6-102;
(3) RCW 62A.6-103 and 1965 ex.s. c 157 s 6-103;
(4) RCW 62A.6-104 and 1975 1st ex.s. c 278 s 33
& 1965 ex.s. c 156 s 6-104;
(5) RCW 62A.6-105 and 1971 c 23 s 1 & 1965
ex.s. c 157 s 6-105;
(6) RCW 62A.6-106 and 1965 ex.s. c 157 s 6-106;
(7) RCW 62A.6-107 and 1975 1st ex.s. c 278 s 34
& 1965 ex.s. c 157 s 6-107;
(8) RCW 62A.6-108 and 1965 ex.s. c 157 s 6-108;
(9) RCW 62A.6-109 and 1967 c 114 s 3 &
1965 ex.s. c 157 s 6-109;
(10) RCW 62A.6-110 and 1965 ex.s. c 157 s
6-110;
(11) RCW 62A.6-111 and 1965 ex.s. c 157 s
6-111; and
(12) RCW 62A.9-111 and 1965 ex.s. c 157 s
9-111.
Sec. 6-102. RCW 62A.1-105 and 1981 c 41 s 1 are each amended to
read as follows:
(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. RCW
62A.2-402.
Applicability of the Article on Bank Deposits
and Collections. RCW 62A.4-102.
((Bulk transfers subject to the Article on
Bulk Transfers. RCW 62A.6-102.))
Applicability of the Article on Investment
Securities. RCW 62A.8-106.
Perfection provisions of the Article on Secured
Transactions. RCW 62A.9-103.
Sec. 6-103. RCW 62A.2-403 and 1967 c 114 s 8 are each amended to
read as follows:
(1) A purchaser of goods acquires all title
which his or her 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".
(2) Any entrusting of possession of goods to a
merchant who deals in goods of that kind gives him or her 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 the Articles on Secured Transactions (Article
9)((, Bulk Transfers (Article 6))) and Documents of Title (Article 7).
