ULC

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ABA Approves Six New Uniform Acts

(February 9, 2016) -

Uniform Law Commission
111 N. Wabash Ave., Suite 1010, Chicago, IL  60602
312/450-6600, Fax 312/450-6601, www.uniformlaws.org

Contact:  Katie Robinson, ULC Communications Officer, krobinson@uniformlaws.org

For Immediate Release:

ABA Approves Six New Uniform Acts
Revised Uniform Athlete Agents Act Among Acts Approved

February 9, 2016 – Six new uniform acts have been approved by the American Bar Association’s House of Delegates as “appropriate Acts for those states desiring to adopt the specific substantive law suggested therein.” The acts were approved at the ABA’s Midyear Meeting in San Diego, California, February 3-8, 2016.  All of the acts were drafted and approved by the Uniform Law Commission (ULC) in 2015.

The Revised Uniform Athlete Agents Act (2015) is an update of the Uniform Athlete Agents Act of 2000, which has been enacted in 42 states.  The 2000 Act governs relations among student athletes, athlete agents, and educational institutions, protecting the interests of student athletes and academic institutions by regulating the activities of athlete agents.  The Revised Act makes numerous changes to the original act, including expanding the definition of “athlete agent” and “student athlete;” providing for reciprocal registration between states; adding new requirements to the signing of an agency contract; and expanding notification requirements.

Receivership is an equitable remedy allowing a court to oversee the orderly management and disposition of property subject to a lawsuit.  Although the remedy is not new, there is no standard set of receivership rules and the courts of different states have applied widely varying standards.  The Uniform Commercial Real Estate Receivership Act applies to receiverships involving commercial real estate, and provides a standard set of rules for courts to apply.  It will result in greater predictability for litigants, lenders, and other parties doing business with a company subject to receivership.

The recent wave of residential foreclosure actions revealed flaws in the foreclosure system, particularly in states where court systems were overwhelmed.  The Uniform Home Foreclosure Procedures Act provides a balanced set of rules and procedures to standardize and streamline the foreclosure process.  The act protects homeowners by requiring adequate notice and documentation before a foreclosure action can proceed.  The act protects lenders by precluding contrary municipal ordinances and expediting foreclosure of abandoned properties.  Finally, the act includes rules for pre-foreclosure resolutions and negotiated transfers to encourage non-judicial solutions.

The Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act provides for the enforcement of domestic violence protection orders issued by Canadian courts.  Reflecting the friendship between the United States and Canada, citizens move freely between the two countries, freedom that in certain limited circumstances can work against victims of domestic violence.  Canada has granted recognition to protection orders of the United States and other countries in the Uniform Enforcement of Canadian Judgments and Decrees Act.  By this act, enacting states accord similar recognition to protection orders from Canada.

The Revised Uniform Residential Landlord and Tenant Act is an updated version of the Uniform Residential Landlord and Tenant Act, which was first promulgated in 1972 and last amended in 1974.  The purpose of the original Act was to eliminate all elements of outmoded common law from the landlord-tenant relationship and base all phases of the rental agreement on contract law.  The Revised Act includes new articles covering the disposition of tenant property, lease termination in case of domestic violence or sexual assault, and security deposits. The Revised Act also includes an appendix for states that only want to enact the updated provisions.

“Decanting” is the term used to describe the distribution of assets from one trust into a second trust, like wine is decanted from the bottle to another vessel.  Decanting can be a useful strategy for changing the outdated terms of an otherwise irrevocable trust, but can also be abused to defeat the settlor’s intent.  The Uniform Trust Decanting Act allows a trustee to reform an irrevocable trust document within reasonable limits that ensure the trust will achieve the settlor’s original intent.  The act prevents decanting when it would defeat a charitable or tax-related purpose of the settlor.

Information on each of these uniform acts is available at the ULC’s website at www.uniformlaws.org.

The Uniform Law Commission, now in its 125th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.  The organization comprises more than 300 lawyers, judges, and law professors, appointed by the states as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical.  Since its inception in 1892, the group has promulgated more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, and the Uniform Partnership Act.

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