7-9A-805
Section 7-9A-805 Effectiveness of action taken before effective date. (a) Pre-effective date
filing effective. The filing of a financing statement before July 1, 2014, is effective to
perfect a security interest to the extent the filing would satisfy the applicable requirements
for perfection under Article 9A as amended by Act 2014-374. (b) When pre-effective date filing
becomes ineffective. Act 2014-374 does not render ineffective a financing statement that,
before July 1, 2014, is filed and satisfies the applicable requirements for perfection under
the law of the jurisdiction governing perfection as provided in Article 9A as it existed before
amendment. However, except as otherwise provided in subsections (c) and (d) and Section 7-9A-806,
the financing statement ceases to be effective: (1) if the financing statement is filed in
this state, at the time the financing statement would have ceased to be effective had Act
2014-374 not taken effect; or (2) if the financing statement is...
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7-9A-705
Section 7-9A-705 Effectiveness of action taken before January 1, 2002. (a) Pre-effective-date
action; one-year perfection period unless reperfected. If action, other than the filing of
a financing statement, is taken before January 1, 2002, and the action would have resulted
in priority of a security interest over the rights of a person that becomes a lien creditor
had the security interest become enforceable before January 1, 2002, the action is effective
to perfect a security interest that attaches under this article within one year after January
1, 2002. An attached security interest becomes unperfected one year after January 1, 2002,
unless the security interest becomes a perfected security interest under this article before
the expiration of that period. (b) Pre-effective-date filing. The filing of a financing statement
before January 1, 2002, is effective to perfect a security interest to the extent the filing
would satisfy the applicable requirements for perfection under this...
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7-9A-708
Section 7-9A-708 Persons entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part
if: (1) the secured party of record authorizes the filing; and (2) the filing is necessary
under this part: (A) to continue the effectiveness of a financing statement filed before January
1, 2002; or (B) to perfect or continue the perfection of a security interest. (Act 2001-481,
p. 647, §1.)...
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7-9A-808
Section 7-9A-808 Person entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part
if: (1) the secured party of record authorizes the filing; and (2) the filing is necessary
under this part: (A) to continue the effectiveness of a financing statement filed before Act
2014-374 takes effect; or (B) to perfect or continue the perfection of a security interest.
(Act 2014-374, p. 1339, §2.)...
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7-11-106
Section 7-11-106 Required refilings. (1) If a security interest is perfected or has priority
on February 1, 1982, as to all persons or as to certain persons without any filing or recording,
and if the filing of a financing statement would be required for the perfection or priority
of the security interest against those persons under the new U.C.C., the perfection and priority
rights of the security interest continue until three years after February 1, 1982. The perfection
will then lapse unless a financing statement is filed as provided in subsection (2) or unless
the security interest is perfected otherwise than by filing. (2) A financing statement may
be filed within six months before the perfection of a security interest would otherwise lapse.
Any such financing statement may be signed by either the debtor or the secured party. It must
identify the security agreement, statement or notice (however denominated in any statute or
other law repealed or modified by this act), state the...
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7-9A-511
Section 7-9A-511 Secured party of record. (a) Secured party of record. A secured party of record
with respect to a financing statement is a person whose name is provided as the name of the
secured party or a representative of the secured party in an initial financing statement that
has been filed. If an initial financing statement is filed under Section 7-9A-514(a), the
assignee named in the initial financing statement is the secured party of record with respect
to the financing statement. (b) Amendment naming secured party of record. If an amendment
of a financing statement which provides the name of a person as a secured party or a representative
of a secured party is filed, the person named in the amendment is a secured party of record.
If an amendment is filed under Section 7-9A-514(b), the assignee named in the amendment is
a secured party of record. (c) Amendment deleting secured party of record. A person remains
a secured party of record until the filing of an amendment of the...
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7-9A-514
Section 7-9A-514 Assignment of powers of secured party of record. (a) Assignment reflected
on initial financing statement. Except as otherwise provided in subsection (c), an initial
financing statement may reflect an assignment of all of the secured party's power to authorize
an amendment to the financing statement by providing the name and mailing address of the assignee
as the name and address of the secured party. (b) Assignment of filed financing statement.
Except as otherwise provided in subsection (c), a secured party of record may assign of record
all or part of its power to authorize an amendment to a financing statement by filing in the
filing office an amendment of the financing statement which: (1) identifies, by its file number,
the initial financing statement to which it relates; (2) provides the name of the assignor;
and (3) provides the name and mailing address of the assignee. (c) Assignment of record of
mortgage. An assignment of record of a security interest in a...
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7-9A-501
Section 7-9A-501 Filing office. (a) Filing offices. Except as otherwise provided in subsection
(b), if the local law of this State governs perfection of a security interest or agricultural
lien, the office in which to file a financing statement to perfect the security interest or
agricultural lien is: (1) the office designated for the filing or recording of a record of
a mortgage on the related real property, if: (A) the collateral is as-extracted collateral
or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral
is goods that are or are to become fixtures; or (2) the office of the Secretary of State,
in all other cases, including a case in which the collateral is goods that are or are to become
fixtures and the financing statement is not filed as a fixture filing. (b) Filing office for
transmitting utilities. The office in which to file a financing statement to perfect a security
interest in collateral, including fixtures, of a transmitting...
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7-9A-522
Section 7-9A-522 Maintenance and destruction of records. (a) Post-lapse maintenance and retrieval
of information. The filing office shall maintain a record of the information provided in a
filed financing statement for at least one year after the effectiveness of the financing statement
has lapsed under Section 7-9A-515 with respect to all secured parties of record. The record
must be retrievable by using the name of the debtor and by using the file number assigned
to the initial financing statement to which the record relates. (b) Destruction of written
records. Except to the extent that a statute governing disposition of public records provides
otherwise, the filing office immediately may destroy any written record evidencing a financing
statement. However, if the filing office destroys a written record, it shall maintain another
record of the financing statement which complies with subsection (a). (Act 2001-481, p. 647,
§1.)...
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7-9A-338
Section 7-9A-338 Priority of security interest or agricultural lien perfected by filed financing
statement providing certain incorrect information. If a security interest or agricultural
lien is perfected by a filed financing statement providing information described in Section
7-9A-516(b)(5) which is incorrect at the time the financing statement is filed: (1) the security
interest or agricultural lien is subordinate to a conflicting perfected security interest
in the collateral to the extent that the holder of the conflicting security interest gives
value in reasonable reliance upon the incorrect information; and (2) a purchaser, other than
a secured party, of the collateral takes free of the security interest or agricultural lien
to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives
value and, in the case of tangible chattel paper, tangible documents, goods, instruments,
or a security certificate, receives delivery of the collateral. (Act...
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