Louisiana § RS 9:3137.3 - Definitions

Full text of Louisiana Louisiana Civil Code § RS 9:3137.3 — Definitions, with citation guidance and answers to common questions.

§ RS 9:3137.3. Definitions

A.  For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise.

(1)  "Buyer" means the person buying a receivable over an exchange located in this state.

(2)  "Collection proceeds" means any amounts received or otherwise collected from the person owing the receivable, including the account debtor or a guarantor of the payment obligation.

(3)  "Consummate" means to complete all agreements, steps and actions necessary for a sale of receivables to be deemed to be complete under Louisiana law, with ownership of the purchased receivable passing from the seller to the buyer.

(4)  "Exchange" means an electronic or other marketplace over which sellers may offer and sell their receivables to qualified buyers.

(5)  "Operational employees" means and refers to employees whose work responsibilities are primarily devoted to performing operations-related functions related to the exchange and persons transacting business over the exchange, as compared to employees whose primary work responsibilities are devoted to managerial, marketing, sales, internal accounting and other non-operational functions.

(6)  "Receivable" means an account, general intangible, payment intangible, chattel paper or instrument as defined under the UCC.  Receivables shall also include third-party payment obligations that are not subject to the UCC.  Receivables shall not be limited to United States domestic payment obligations, and shall include receivables owed by non-United States persons and entities as well as receivables originating out of non-United States transactions.

(7)  "Seller" means the person offering a receivable for sale over an exchange located in this state.

(8)  "True sale" means a consummated sale of all rights, title and interests that the seller may have in a receivable sold over an exchange located in this state, with the buyer acquiring all of the seller's rights and interests, and with the seller not retaining a legal or equitable interest in the receivables sold.

(9)  "UCC" means the Uniform Commercial Code of any state and the comparable laws of foreign non-United States jurisdictions.  In Louisiana, "UCC" means and refers to Chapter 9 of the Louisiana Uniform Commercial Code, R.S. 10:9-101, et seq.

B.  All terms used, but not defined in this Part, shall have the meanings found in the UCC, the Louisiana Revised Statutes of 1950, and the Civil Code.

Acts 2010, No. 958, §1, eff. July 6, 2010.

Frequently Asked Questions About Louisiana § RS 9:3137.3

What does Louisiana Civil Code § RS 9:3137.3 cover?

Section RS 9:3137.3 ("Definitions") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 9:3137.3?

A common citation format is "Louisiana Civil Code § RS 9:3137.3" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 9:3137.3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.