7-9A-326
Section 7-9A-326 Priority of security interests created by new debtor. (a) Subordination of
security interest created by new debtor. Subject to subsection (b), a security interest that
is created by a new debtor in collateral in which the new debtor has or acquires rights and
is perfected solely by a filed financing statement that would be ineffective to perfect the
security interest but for the application of Section 7-9A-316(i)(1) or 7-9A-508 is subordinate
to a security interest in the same collateral which is perfected other than by such a filed
financing statement. (b) Priority under other provisions; multiple original debtors. The other
provisions of this part determine the priority among conflicting security interests in the
same collateral perfected by filed financing statements described in subsection (a). However,
if the security agreements to which a new debtor became bound as debtor were not entered into
by the same original debtor, the conflicting security interests rank...
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8-6-6
Section 8-6-6 Registration of securities - Registration of certain securities by coordination.
(a) Any security for which a registration statement has been filed under the Securities Act
of 1933 in connection with the same offering may be registered by coordination. (b) A registration
statement under this section shall contain the following information and be accompanied by
the following documents, in addition to payment of the registration fee prescribed in Section
8-6-8: (1) Two copies of the prospectus filed under the Securities Act of 1933, together with
all amendments thereto; (2) If the Securities Commission requests, any other information or
copies of any other documents filed under the Securities Act of 1933; (3) The amount of securities
to be offered in this state; (4) The states in which a registration statement or similar document
in connection with the offering has been or is expected to be filed; (5) Any adverse order
or judgment previously entered in connection with the...
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7-9A-310
Section 7-9A-310 When filing required to perfect security interest or agricultural lien; security
interests and agricultural liens to which filing provisions do not apply. (a) General rule:
Perfection by filing. Except as otherwise provided in subsection (b) and Section 7-9A-312(b),
a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary
to perfect a security interest: (1) that is perfected under Section 7-9A-308(d), (e), (f),
or (g); (2) that is perfected under Section 7-9A-309 when it attaches; (3) in property subject
to a statute, regulation, or treaty described in Section 7-9A-311(a); (4) in goods in possession
of a bailee which is perfected under Section 7-9A-312(d)(1) or (2); (5) in certificated securities,
documents, goods, or instruments which is perfected without filing, control, or possession
under Section 7-9A-312(e), (f), or (g); (6) in collateral...
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7-9A-502
Section 7-9A-502 Contents of financing statement; record of mortgage as financing statement;
time of filing financing statement. (a) Sufficiency of financing statement. Subject to subsection
(b), a financing statement is sufficient only if it: (1) provides the name of the debtor;
(2) provides the name of the secured party or a representative of the secured party; and (3)
indicates the collateral covered by the financing statement. (b) Real-property-related financing
statements. Except as otherwise provided in Section 7-9A-501(b), to be sufficient, a financing
statement that covers as-extracted collateral or timber to be cut, or which is filed as a
fixture filing and covers goods that are or are to become fixtures, must satisfy subsection
(a) and also: (1) indicate that it covers this type of collateral; (2) indicate that it is
to be filed in the real property records; (3) provide a description of the real property to
which the collateral is related sufficient to give constructive...
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7-9A-516
Section 7-9A-516 What constitutes filing; effectiveness of filing. (a) What constitutes filing.
Except as otherwise provided in subsection (b), communication of a record to a filing office
and tender of the filing fee or acceptance of the record by the filing office constitutes
filing. (b) Refusal to accept record; filing does not occur. Filing does not occur with respect
to a record that a filing office refuses to accept because: (1) the record is not communicated
by a method or medium of communication authorized by the filing office; (2) an amount equal
to or greater than the applicable filing fee is not tendered; (3) the filing office is unable
to index the record because: (A) in the case of an initial financing statement, the record
does not provide a name for the debtor; (B) in the case of an amendment or information statement,
the record: (i) does not identify the initial financing statement as required by Section 7-9A-512
or 7-9A-518, as applicable; or (ii) identifies an initial...
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7-9A-519
Section 7-9A-519 Numbering, maintaining, and indexing records; communicating information provided
in records. (a) Filing office duties. For each record filed in a filing office, the filing
office shall: (1) assign a unique number to the filed record; (2) create a record that bears
the number assigned to the filed record and the date and time of filing; (3) maintain the
filed record for public inspection; and (4) index the filed record in accordance with subsections
(c), (d), and (e). (b) File number. By July 1, 2002, a file number must include a digit that:
(1) is mathematically derived from or related to the other digits of the file number; and
(2) aids the filing office in determining whether a number communicated as the file number
includes a single-digit or transpositional error. (c) Indexing: General. Except as otherwise
provided in subsections (d) and (e), the filing office shall: (1) index an initial financing
statement according to the name of the debtor and index all filed...
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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-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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8-6-14
Section 8-6-14 Filing or registration not finding of truth, completeness, etc., of documents;
representations concerning effect of registration or exemption. (a) Neither the fact that
an application for registration under Section 8-6-3 or a registration statement under Sections
8-6-5, 8-6-6 or 8-6-7 has been filed, nor the fact that a person or security is effectively
registered constitutes a finding by the Securities Commission that any document filed under
this article is true, complete, and not misleading. (b) Neither any such fact nor the fact
that an exemption or exception is available for a security or a transaction means that the
Securities Commission has passed in any way upon the merits or qualifications of or recommended
or given approval to any person, security, or transaction. (c) It is unlawful to make, or
cause to be made, to any prospective purchaser, customer, or client any representation inconsistent
with this section. (Acts 1959, No. 542, p. 1318, §14; Acts 1990, No....
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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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