Business and Commercial Law

Business and Commercial Law - An Overview

Business law and commercial law are broad legal topics that encompass business, commerce, consumer transactions, and the formation and management of business entities. Some of the more important areas of commercial law include sales, secured transactions, negotiable instruments, and debtor and creditor law. Business law overlaps, but also includes the formation and management of business entities. An attorney with experience in business and commercial law can help you with all of your questions.

The Sale, Lease, and Distribution of Goods

Contracts for the sale, lease, and/or distribution of goods are primarily governed by state law. However, most states have adopted the Uniform Commercial Code ("UCC") with regard to these topics. An attorney who is experienced with the UCC can help you with your questions.

Secured Transactions and Negotiable Instruments

Secured transactions and negotiable instruments are two important areas of commercial and business law. In a secured transaction a borrower agrees that the lender may take collateral owned by the borrower should the borrower default on a loan. It is a way to secure a loan. A negotiable instrument is a writing that promises the payment of a fixed amount of money. Both of these areas are essential to modern business loans and everyday transactions. An attorney with experience in business and commercial law can help you with your secured transaction and/or negotiable instruments questions.

Consumer Credit: Debtor and Creditor Laws

Credit allows people to promise to pay in the future in order to buy or borrow in the present. Credit is vital to our commerce system and is used every day by businesses and consumers. An understanding of the law governing credit is vital to protect your own interests, whether you are the creditor, a business owner, an entrepreneur, or a lending agency. An attorney with experience in debtor and creditor law can help you with all of your questions.

The Formation and Management of Business Entities

The forming and managing of business entities are important areas of business and commercial law. There are a variety of common business organization forms. However, most businesses are well served by a variation of one of the four major organizational forms. These major forms include: (1) the sole proprietorship, (2) the partnership, (3) the limited liability company, and (4) the corporation. Each form has its specific advantages and pitfalls. A core focus on liability and tax implications should guide a new business owner in his or her selection. A business and commercial law attorney can help you select and manage the business form that is best for you.

Business and Commercial Law Resource Links

Commercial Law League of America®
Organization of attorneys and other professionals who represent the credit industry in debt collection, bankruptcy and commercial litigation.

Federal Trade Commission - Fair Debt Collection Practices Act (FDCPA)
Provides a link to the FDCPA and to other resources about the Act, which requires fair treatment of consumers by debt collectors.

National Association of Credit Management® (NACM®)
NACM is a membership organization that is a resource for credit, collection, and financial management professionals, providing information, products, and services designed for effective business credit and accounts receivable management.

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Frequently Asked Questions about Business and Commercial Law

Q: What body of law governs a contract for the sale of goods?

A: A contract for the sale of goods is governed mainly by state law. Most states have adopted Article 2 of the Uniform Commercial Code (UCC) as part of their state commercial law. Article 2 provides rules for all phases of a sales contract including formation, modification, performance, and available remedies in the case of a breach.

Q: What body of law governs a lease of goods?

A: A contract for the lease of goods is also primarily regulated by state law. However, most states have adopted Article 2A of the Uniform Commercial Code.