Model act
Encyclopedia
In the United States a model act is statutory text, typically drafted by the Uniform Law Commission (ULC), that is meant to serve as a guide for subsequent legislation. It is not usually meant to be enacted exactly as it is written, but is provided by the ULC as a suggestion to the various state and territorial legislatures from which they create their own law.
The ULC was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to harmonize various local laws that often conflict or contradict each other from state to state. In addition to model acts it also publishes uniform act
s, which are meant to be enacted exactly as they are written across the United States. Other organizations (e.g. the American Law Institute
and American Bar Association
) also publish model acts.
The ULC and NCCUSL are non-profit, advisory bodies that recommend uniform legislation to the states. They do not enforce or empower legislation. Neither a model act nor a uniform act has the force of law unless it is enacted by a state legislature.
The ULC was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to harmonize various local laws that often conflict or contradict each other from state to state. In addition to model acts it also publishes uniform act
Uniform Act
In the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
s, which are meant to be enacted exactly as they are written across the United States. Other organizations (e.g. the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
and American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
) also publish model acts.
The ULC and NCCUSL are non-profit, advisory bodies that recommend uniform legislation to the states. They do not enforce or empower legislation. Neither a model act nor a uniform act has the force of law unless it is enacted by a state legislature.
Example model acts
- Model Business Corporation ActModel Business Corporation ActThe Model Business Corporation Act is a model set of law prepared by the Committee on Corporate Laws of the Section of Business Law of the American Bar Association and is followed by twenty-four states.-History:...
- Model Nonprofit Corporation ActModel Nonprofit Corporation ActThe Model Nonprofit Corporation Act is model legislation prepared by the of the Business Law Section of the American Bar Association . The MNCA is a model set of statutes governing nonprofit corporations proposed for adoption by state legislatures....
- Model Penal CodeModel Penal CodeThe Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
See also
- Uniform ActUniform ActIn the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
- National Conference of Commissioners on Uniform State LawsNational Conference of Commissioners on Uniform State LawsThe National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
, the parent organization of the ULC - American Bar AssociationAmerican Bar AssociationThe American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, which also drafts model legislation - Conflict of LawsConflict of lawsConflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
- EU Harmonization, a somewhat similar concept in European Union law