West Virginia Enacts the 2010 Amendments to UCC Article 9

March 19, 2012

West Virginiabecame the latest state to enact the 2010 Amendments to UCC Article 9.  The governor signed House Bill 4152 on Friday, March 15, 2012.  The new law enacts the Alternative A “Only If” approach for individual debtor name sufficiency in Section 9-503(a)(4) and becomes effective on the uniform effective date of July 1, 2013. 

The only significant departure from the official text of the 2010 Amendments is that House Bill 4152 omitted the changes to the safe harbor forms set forth in Section 9-521.  Current W.Va. Code § 46-9-521 incorporates images of the 1998 form versions set forth in the official text of Revised Article 9.  The form versions originally enacted with Revised Article 9 will remain the statutory safe harbor forms after the 2010 Amendments take effect.  However, filing offices are free to adopt other form versions by administrative rule, including those approved for implementation of the 2010 Amendments.