California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 28 — Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers ActSection 22922

(a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101) of the Commercial Code.

(b) For the purposes of this act, the following terms have the following meanings:

(1) “Secured party” refers to the dealer, lien creditor, lien claimant, or assignee thereof.

(2) “Debtor” refers to the supplier, lien debtor, or debtor.

(3) “Collateral” refers to the equipment subject to the lien created under this chapter.

(c) A security agreement is not necessary to make an equipment repurchase lien created under this chapter enforceable.

(d) An equipment repurchase lien created under this chapter shall not continue in the repurchased equipment following the disposition thereof.

(e) The right of a dealer to enforce the lien created under this act shall be governed by this act and shall not be governed by Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code.

Notes

Sets equipment repurchase liens under Division 9 of the Commercial Code except where the act specifically provides otherwise, and defines secured party, debtor, and collateral for the act. Exempts these liens from a security-agreement requirement, ends them upon disposition of repurchased equipment, and makes enforcement subject to this act rather than Commercial Code Chapter 6.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 22922 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-28/section-22922

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