Chapter 810 — COMMERCIAL CODE

(810 ILCS 5/1-101) (from Ch. 26, par. 1-101) Sec. 1-101. Short Titles. (a) This Act may be cited as the Uniform Commercial Code. (b) This Article may be cited as Uniform Commercial Code - General Provisions. (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-102) (from Ch. 26, par. 1-102) Sec. 1-102. Scope of Article. This Article applies to a transaction to the extent that it is governed by another Article of the Uniform Commercial Code. (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-103) (from Ch. 26, par. 1-103) Sec. 1-103. Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law. (a) The Uniform Commercial Code must be liberally construed and applied to promote its underlyin…

(810 ILCS 5/1-104) (from Ch. 26, par. 1-104) Sec. 1-104. Construction against implied repeal. The Uniform Commercial Code being a general Act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if …

(810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a) Sec. 1-104a. Legislative Intent. If any provision of this Act conflicts with Section 205-410 of the Department of Agriculture Law (20 ILCS 205/205-410), the provisions of that Section 205-410 control. If any provision of this Act con…

(810 ILCS 5/1-104b) Sec. 1-104b. Agriculture Production Contract Code. This Act is subject to the provisions of the Agriculture Production Contract Code. (Source: P.A. 93-522, eff. 1-1-05.)

(810 ILCS 5/1-105) (from Ch. 26, par. 1-105) Sec. 1-105. Severability. If any provision or clause of the Uniform Commercial Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Uniform Commer…

(810 ILCS 5/1-106) (from Ch. 26, par. 1-106) Sec. 1-106. Use of singular and plural; gender. In the Uniform Commercial Code, unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2)…

(810 ILCS 5/1-107) (from Ch. 26, par. 1-107) Sec. 1-107. Section captions. Section captions are part of the Uniform Commercial Code. (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-108) (from Ch. 26, par. 1-108) Sec. 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., exc…

(810 ILCS 5/1-109) (from Ch. 26, par. 1-109) Sec. 1-109. (Blank). (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-201) (from Ch. 26, par. 1-201) Sec. 1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this Section, or in the additional definitions contained in other Articles of the Uniform Commercial Code that apply to particular …

(810 ILCS 5/1-202) (from Ch. 26, par. 1-202) Sec. 1-202. Notice; knowledge. (a) Subject to subsection (f), a person has "notice" of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances k…

(810 ILCS 5/1-203) (from Ch. 26, par. 1-203) Sec. 1-203. Lease distinguished from security interest. (a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case. (b) A transaction in the form of a lease creates a s…

(810 ILCS 5/1-204) (from Ch. 26, par. 1-204) Sec. 1-204. Value. Except as otherwise provided in Articles 3, 4, 5, 6, and 12, a person gives value for rights if the person acquires them: (1) in return for a binding commitment to extend credit or for the extension of immediately av…

(810 ILCS 5/1-205) (from Ch. 26, par. 1-205) Sec. 1-205. Reasonable time; seasonableness. (a) Whether a time for taking an action required by the Uniform Commercial Code is reasonable depends on the nature, purpose, and circumstances of the action. (b) An action is taken seasonab…

(810 ILCS 5/1-206) (from Ch. 26, par. 1-206) Sec. 1-206. Presumptions. Whenever the Uniform Commercial Code creates a "presumption" with respect to a fact, or provides that a fact is "presumed", the trier of fact must find the existence of the fact unless and until evidence is in…

(810 ILCS 5/1-207) (from Ch. 26, par. 1-207) Sec. 1-207. (Blank). (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-208) (from Ch. 26, par. 1-208) Sec. 1-208. (Blank). (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-209) (from Ch. 26, par. 1-209) Sec. 1-209. (Blank). (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-301) Sec. 1-301. Territorial applicability; parties' power to choose applicable law. (a) Except as otherwise provided 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…

(810 ILCS 5/1-302) Sec. 1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in the Uniform Commercial Code, the effect of provisions of the Uniform Commercial Code may be varied by agreement. (b) The obligations of good faith, diligence,…

(810 ILCS 5/1-303) Sec. 1-303. Course of performance, course of dealing, and usage of trade. (a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) the agreement of the parties with respect to the transaction inv…

(810 ILCS 5/1-304) Sec. 1-304. Obligation of good faith. Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. (Source: P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/1-305) Sec. 1-305. Remedies to be liberally administered. (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither…

(810 ILCS 5/1-306) Sec. 1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record. (Source: P.A. 103-1036, eff.…

(810 ILCS 5/1-307) Sec. 1-307. Prima facie evidence by third-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or require…

(810 ILCS 5/1-308) Sec. 1-308. Performance or acceptance under reservation of rights. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the …

(810 ILCS 5/1-309) Sec. 1-309. Option to accelerate at will. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of…

(810 ILCS 5/1-310) Sec. 1-310. Subordinated obligations. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated…

(810 ILCS 5/10-101) (from Ch. 26, par. 10-101) Sec. 10-101. Effective date. This Act shall take effect at midnight on July 1, 1962. It applies to transactions entered into and events occurring after that date. (Source: Laws 1961, 1st S.S., p. 7.)

(810 ILCS 5/10-102) (from Ch. 26, par. 10-102) Sec. 10-102. Specific repealer; provision for transition. (1) The following acts and parts of acts and all other acts and parts of acts inconsistent herewith are hereby repealed: "An Act in regard to negotiable instruments payable in…

(810 ILCS 5/10-103) (from Ch. 26, par. 10-103) Sec. 10-103. General repealer. Except as provided in the following Section, all acts and parts of acts inconsistent with this Act are hereby repealed. (Source: Laws 1961, p. 2101.)

(810 ILCS 5/10-104) (from Ch. 26, par. 10-104) Sec. 10-104. (Repealed). (Source: Laws 1961, p. 2101. Repealed by P.A. 95-895, eff. 1-1-09.)

(810 ILCS 5/11-101) (from Ch. 26, par. 11-101) Sec. 11-101. Effective Date. This amendatory Act of 1972 shall take effect at 12:01 A.M. on July 1, 1973. (Source: P.A. 77-2810.)

(810 ILCS 5/11-102) (from Ch. 26, par. 11-102) Sec. 11-102. Preservation of Old Transition Provision. The provisions of Article 10 of the "Uniform Commercial Code", approved July 31, 1961, as amended, shall continue to apply to this amendatory Act of 1972 and for this purpose the…

(810 ILCS 5/11-103) (from Ch. 26, par. 11-103) Sec. 11-103. Transition to Amendatory Act of 1972; General Rule. Transactions validly entered into after July 1, 1962 and before July 1, 1973 and which were subject to the provisions of the "Uniform Commercial Code", approved July 31…

(810 ILCS 5/11-104) (from Ch. 26, par. 11-104) Sec. 11-104. Transition Provision on Change or Requirement of Filing. A security interest for the perfection of which filing or the taking of possession was required under the Uniform Commercial Code, approved July 31, 1961, as amend…

(810 ILCS 5/11-105) (from Ch. 26, par. 11-105) Sec. 11-105. Transition Provision on Change of Place of Filing. (1) A financing statement or continuation statement filed prior to July 1, 1973 which shall not have lapsed prior to July 1, 1973 shall remain effective for the period p…

(810 ILCS 5/11-106) (from Ch. 26, par. 11-106) Sec. 11-106. Required Refilings. (1) If a security interest is perfected or has priority when this amendatory Act of 1972 takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a…

(810 ILCS 5/11-107) (from Ch. 26, par. 11-107) Sec. 11-107. Transition Provisions as to Priorities. Except as otherwise provided in Article 11, the Uniform Commercial Code, approved July 31, 1961, as amended, shall apply to any questions of priority if the positions of the partie…

(810 ILCS 5/11-108) (from Ch. 26, par. 11-108) Sec. 11-108. Presumption that Rule of Law Continues Unchanged. Unless a change in law has clearly been made, the provisions of this amendatory Act of 1972 shall be deemed declaratory of the meaning of the Uniform Commercial Code, app…

(810 ILCS 5/11A-101) (was 810 ILCS 5/12-101) Sec. 11A-101. Effective Date. This amendatory Act of 1987 shall take effect on January 1, 1988. (Source: P.A. 103-1036, eff. 1-1-25.)

(810 ILCS 5/11A-102) (was 810 ILCS 5/12-102) Sec. 11A-102. Transition to Amendatory Act of 1987. (1) Transactions validly entered into after July 1, 1962 and before January 1, 1988 and which were subject to the provisions of the "Uniform Commercial Code", approved July 31, 1961, …

(810 ILCS 5/12-101) (from Ch. 26, par. 12-101) Sec. 12-101. Title. This Article may be cited as Uniform Commercial Code--Controllable Electronic Records. (Source: P.A. 103-1036, eff. 1-1-25.)

(810 ILCS 5/12-102) (from Ch. 26, par. 12-102) Sec. 12-102. Definitions. (a) In this Article: (1) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account…

(810 ILCS 5/12-103) Sec. 12-103. Relation to Article 9 and consumer laws. (a) Article 9 governs in case of conflict. If there is conflict between this Article and Article 9, Article 9 governs. (b) Applicable consumer law and other laws. A transaction subject to this Article is su…

(810 ILCS 5/12-104) Sec. 12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible. (a) Applicability of Section to controllable account and controllable payment intangible. This Section applies to the acquisition and purchase of …

(810 ILCS 5/12-105) Sec. 12-105. Control of controllable electronic record. (a) General rule: control of controllable electronic record. A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electr…

(810 ILCS 5/12-106) Sec. 12-106. Discharge of account debtor on controllable account or controllable payment intangible. (a) Discharge of account debtor. An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying: (1) the…