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SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 69
COMMERCIAL CODE

SECTION I - GENERAL

69-01-0l Title and Purpose
It being necessary to strengthen the government of the Sisseton-Wahpeton Sioux Tribe by exercising the specific grant of authority contained in Sections 1(g) and 1(h) of the Sisseton-Wahpeton Sioux Tribe Constitution to levy and collect taxes, to license and regulate certain conduct within the jurisdiction of the Tribe, to provide financing for the current expenses of the Tribal Government, expand Tribal Government operations and services, educate members of the Tribe, promote economic growth, support capital improvements and increase consumer services, in order for the Tribe to efficiently and effectively exercise its confirmed inherent sovereignty and governmental responsibilities and enhance the general well-being of members of the Tribe and others within the jurisdiction of the Tribe, the Tribe hereby adopts this Chapter 69, the Sisseton-Wahpeton Sioux Tribe Commercial Code. Chapter 69 is adopted for the purpose of enhancing the tribe's ability to contract, resolve disputes with vendors, enter into third party financing and provide an orderly system of commercial law to the community and Tribal members.

69-02-01 Jurisdiction
In accordance with Article I of the Sisseton-Wahpeton Sioux Tribe Constitution, the Tribal Council hereby affirmatively declares, asserts, and extends the jurisdiction of the Tribe over all areas within the original exterior boundaries of the Lake Traverse Indian Reservation, as described in Article III of the Treaty of February 19, 1867, that are held by the United States in trust for the Tribe or any individual Indian, all other lands owned by the Tribe or any individual Indian, all allotments covered by 18 U.S.C. 1151(c), and all dependent Indian Communities within the original boundaries of the Lake Traverse Indian Reservation as defined by 18 U.S.C. 11 S 1(b), as well as all dependent Indian Communities otherwise deemed to be Indian Country and subject to jurisdiction of the Sisseton-Wahpeton Sioux Tribe.

69-03-01 Severability
If any clause, sentence, paragraph, section, or part of this Commercial Code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof,. but shall be confined in its operation to the clause, sentence, paragraph, section; or part thereof directly involved in the controversy in which the judgment shall have been rendered.

69-04-01 Continuity of Law
It is hereby declared that the legislative intent of the Sisseton-Wahpeton Sioux Tribal Council is that enactment of the Sisseton-Wahpeton Sioux Tribe Commercial Code of 1996 shall have prospective effect only.

69-05-01 Construction
This Commercial Code shall be interpreted and applied in a manner consistent with all other Codes, Laws, Ordinances, Resolutions, and Regulations of the Sisseton-Wahpeton Sioux Tribe.

69-06-01 Amendments
This Commercial Code may be amended only upon an affirmative vote of a majority of the Sisseton-Wahpeton Sioux Tribal Council.

69-07-01 Effect of Headings
Headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any portion of this Commercial Code.

69-08-01 Effective Date
The effective date of this Chapter 69 Commercial Code shall be the date of adoption by the Tribal Council.

69-09-01 Uniform Commercial Code
The following provisions shall be numbered as numbered in the 1995 Uniform Commercial Code.

SECTION II - GENERAL PROVISIONS
69-09-01 Short Title, Construction, Application and Subject Matter of the Act Incorporated by this reference as though set forth fully herein, are Sections 1-101 through 1-109 of Article I, Part 1, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-09-01-101 through 69-09-01-109 of the Sisseton-Wahpeton Sioux Tribe Code of Laves.

69-10-01 General Definitions and Principles of Interpretation
Incorporated by this reference, as though set forth fully herein, are Sections 1-201 through 1-209 of Article-1, Part 2, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-10-01-201 through 69-10-01-209 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

SECTION III - SALES
69-11-01
Short Title, General Construction and Subject Matter
Incorporated by this reference, as though set forth fully herein, are Sections 2-101 through 2-107 of Article 2, Part 1, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-11-02-101 through 69-11-02-107 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-12-01 Form, Formation acrd Readjustment of Contract
Incorporated by this reference, as though set forth fully herein, are Sections 2-108 through 2-2i0 of Article 2 of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-12-02-108 through 69-12-02-210 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-13-01 General Obligation and Construction of Contract
Incorporated by this reference, as though set forth Fully herein, are Sections 2-301 through 2-328 in full (except that Section 2-318 shall contain only Alternative C) of Article 2, Part 3, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-13-02-301 through 69-13-02-328 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-14-01 Title, Creditors arid Good Faith Purchasers
Incorporated by this reference, as though set forth fully herein, are Sections 2-401 through 2-403 of Article 2, Part 4, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-14-02-401 through 69-14-02-403 of the Sisseton-Wahpeton Sioux Tribe Code of laws.

69-15-01 Performance
Incorporated by this reference, as though set forth fully herein, are Sections 2-501 through 2-515 of Article 2, Part 5, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-15-02-501 through 69-15-02-515 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-16-01 Breach, Repudiation and Excuse
Incorporated by this reference, as though set forth fully herein, are Sections 2-601 through 2-616 of Article 2, Part 6, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-16-02-601 through 69-16-02-616 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-17-01 Remedies
Incorporated by this reference, as though set forth fully herein, are Sections 2-701 through 2-725 of Article 2, Part 7, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-17-02-701 through 69-17-02-725 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

SECTION IV - SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

69-18-01 Short Title, Applicability and Definitions
Incorporated by this reference, as though set forth fully herein, are Sections 9-101 through 9-114 of Article 9, Part 1, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-18-09-101 through 69-18-09-114 Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-19-01 Validity of Security Agreement and Rights of parties Thereto Incorporated by this reference, as though set forth fully herein, are Sections 9-201 through 9-208 of Article 9, Part 2, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-19-09-201 through 69-19-09-208 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-20-01 Rights of Third Parties; Perfected and Unperfected Security Interests; Rules of Priority Incorporated by this reference, as though set forth fully herein, are Sections 9-30i through 9-318 of Article 9, Part 3, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-20-09-301 through 69-20-09-318 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-21-01 Fling
Incorporated by this reference, as though set forth fully herein, are Sections 9-401 through 9-408 of Article 9, Part 4 (except that Section 9-401 shall contain only the second alternative, [Subsection (1)]) of the 1995 Official Text of the Uniform Commercial Code; renumbered as 69-21-09-4.01 through 69-21-09-408 of the Sisseton-Wahpeton Sioux Tribe Code of Laws. Filing of all financing statements, security agreements, liens and other encumbrances necessary or desirable to perfect the interests of a secured party pursuant to this Code shall be made with the Secretary of the Tribe.

69-22-01 Default
Incorporated by this reference, as though set forth fully herein, are Sections 9-501 through 9-507 of Article 9, Part 5, of the 1995 Official Text of the Uniform Commercial Code, renumbered as 69-22-09-501 through 69-22-09-507 of the Sisseton-Wahpeton Sioux Tribe Code of Laws.

69-23-01 Enforcement
The Tribal Police of the Sisseton-Wahpeton Sioux Tribe are hereby authorized and empowered to execute judgments entered by the Sisseton-Wahpeton Sioux Tribal Court pursuant to this Code.

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