American Bar Association
 
Commercial Finance Committee

ABA Section of Business Law


Commercial Finance Committee


Who We Are




The mission of the Commercial Finance Committee is to provide cutting-edge, practical knowledge and guidance for commercial finance, real estate finance, and restructuring lawyers, to focus on new developments and industry practices in commercial finance, real estate finance, and restructurings, and to facilitate the development and evolution of commercial finance, real estate finance, and restructuring laws.

Committee Facts

  • Approximately 2100 members
  • Two in-person meetings a year at the Business Law Section Spring Meeting and the new Business Law Section Annual Meeting
  • Various subcommittees and task forces (often joint with UCC) focusing on current developments in domestic and cross-border commercial finance, real estate finance, and restructurings
  • Commercial Law Newsletter published three times a year (jointly with the UCC)
  • Currently working on a survey of Commercial Lending Laws

Areas of Expertise

  • Secured and Unsecured Lending
  • Syndicated Loans
  • Senior Debt
  • Participations
  • Mezzanine Debt
  • Letters of Credit
  • Workouts and Restructuring
  • Swaps and Derivatives
  • Asset Based Lending
  • Aircraft Financing
  • Acquisition Financing
  • ADR in Commercial Transactions
  • Cross-Border Financing
  • Deposit Account Control Agreements
  • Loan Documentation
  • Intercreditor Agreements
  • Intellectual Property Finance
  • Guarantees
  • Healthcare Finance
  • State Lending Laws
  • Creditors’ Rights
  • Financing Non-Profits
  • Lender Liability
  • Subordination Agreements
  • Real Estate Finance
  • Maritime Finance
  • Agricultural and Agri-Business Finance
  • Energy Finance

Our Projects (Click on Headings for Details)

  • Uniform Certificate of Title Act for Vessels. NCCUSL's preparation of Uniform Certificate of Title Act for Vessels (UCOTAV) is an effort to promulgate a uniform boat titling act which will coordinate boat titling with the boat numbering laws now in effect in all 50 states (under 33 C.F.R. parts 173 and 174 pursuant to 46 USC chap. 123) and with the Vessel Identification System being implemented by the Department of Homeland Security (through the Coast Guard) under 33 C.F.R part 187, pursuant to 46 USC chap 125). The UCOTAV currently being drafted will also coordinate with the process of vessel documentation and preferred mortgage financing under 46 USC chap. 121 and 313 and with the UCC (Sect. 9-311). Because only about 35 states now issue titles to boats, UCOTAV affords an important opportunity to improve the laws relating to marine finance in this country.
  • Subcommittee on Maritime Finance
  • UCC Article 9 Revisions. The Joint Review Committee for Uniform Commercial Code Article 9 held its initial meeting October 3 -5, 2008. The summary of issues being considered, supplemental materials and reports from that meeting are posted below under "Materials" and we'll update as additional information develops.
  • Survey of Commercial Laws. A collection of state-specific summaries of laws applicable to commercial finance transactions - now availbale in book form.
  • Commercial Finance Terms Taskforce (Joint with UCC Committee) - see the Taskforce website for more information.
  • Deposit Account Control Agreements
    (Joint with Banking Law, Consumer Financial Services and UCC Committees) - see the Taskforce website for more information.
  • Filing Office Operations and Search Logic Taskforce (Joint with UCC Committee). The Joint Taskforce on Filing Office Operations and Search Logic ("FOOSL") holds periodic conference calls on UCC filing and searching issues - see the Taskforce website for more information.
  • Model Intercreditor Agreement Taskforce - see the Taskforce website for more information.
  • Model IP Security Agreement Taskforce
  • ADR in Commercial Finance Transactions - see the Taskforce website for more information.
  • UNICITRAL Secured Transactions Guide: IP as Collateral. The U.S. State Department is holding meetings and conference calls to discuss how the Guide treats IP as collateral.

    The UNCITRAL Secretariat is preparing a working paper on IP financing (WP 33) as part of the UNCITRAL Secured Transactions Guide process. Comments on the interim version of WP 33 have been submitted (comments from the International Trademark Association can be accessed by clicking here). The current draft of WP 33 can be accessed by clicking here. WP 33 will be replaced (updated) by WP 35 and WP 35/Add 1, which have been completed by the Secretariat and submitted for translation and should be posted on the UNCITRAL web site.

    Copies of additional relevant materials are posted below or can be obtained here and here (some of the materials at the second link do not involve security rights (the term used to refer to security interests) and the relevant portions can be found by searching for security interests. The key posted documents are A/CN.9/637 and A/CN.9/632.)

    UNCITRAL - Intellectual Property Issues - Summary of January '08 Experts Meeting (updated May 6, 2008):
    MS Word | Adobe PDF

    Chapters of the Guide are now posted here.

    A report on the Working Group's May 2008 meeting on preparation of an intellectual property annex to the Guide is linked below.
    MS Word | Adobe PDF

    The State Department holds public meeting to discuss the UNCITRAL Secured Finance Guide and IP matters. Comments on the proposals may be sent by e-mail to Michael Dennis (DennisMJ@state.gov).

Join Us


ComFin Leadership

Chair:

Kling, Neal

Vice-Chairs:

Friedberg, Jeremy
Grodner, Robert

Committee Roster  


Subcommittees and Task Forces  (click [+] for listing)

 Sub Committees


Events of Interest (Click on Heading for Details)

Section Events


Websites of Interest


Newsletter Archive and Index


Recent Events

For information on some of our recent events please check here or see the Committee newsletters.
more...


Materials


Listserve

In order to send a message to the listserve, send a message to the email address below. You must be a member of the Committee to successfully send a message to the listserve.

BL-COMFIN@mail.americanbar.org

In order to access the listserve archive, please click here.


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Modified by Neal Kling on August 16, 2014

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