La. Admin. Code tit. 10 § XIX-301

Current through Register Vol. 50, No. 11, November 20, 2024
Section XIX-301 - Definitions

Buyer in the Ordinary Course of Business- a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations and is in the business of selling farm products.

Central Registry- the master index maintained by the secretary of state reflecting information contained in all effective financing statements, and statements evidencing assignments, amendments, continuations, and terminations thereof.

Commission Merchant- any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person.

Creditor- any person who holds a security interest in a farm product.

Crop Year-

1. for a crop grown in soil, the calendar year in which it is harvested or to be harvested;

2. for animals, the calendar year in which they are born or acquired; or

3. for poultry or eggs, the calendar year in which they are sold or to be sold.

Cumulative Addendum- a document listing all information transmitted by the filing officers to the central registry as of the date of issuance that was not included on the most recent master list.

Debtor- any person who owns or has an ownership interest in farm products which are subject to a security interest of creditors.

Effective Financing Statement- a written instrument which is an abstract of a security device and which complies with the provisions of R.S. 3:3654(E). An effective financing statement may also contain additional information sufficient to constitute a financing statement or other statement under chapter 9 of title 10 of the Louisiana Revised Statutes.

EFS- an effective financing statement.

Encumbrance Certificate- a written document which lists all effective financing statements affecting a person which have been filed with the filing officer and containing the information required by this Chapter to be transmitted to the secretary of state for inclusion in the central registry on the date and at the time the certificate is issued and which complies with the provisions of R.S. 3:3654(F).

Farm Product - any type of crop whether growing or to be grown, and whether harvested or unharvested, or any species of livestock, or any type of agricultural commodity or product raised or cultivated of every type and description, including but not limited to cattle, hogs, sheep, horses, bees, rabbits, or poultry, and oysters, crabs, prawns, shrimp, alligators, turtles, and fish raised, produced, cultivated, harvested, or gathered on any beds of bodies of water, whether owned, leased, or licensed by the debtor, grains, beans, vegetables, grasses, legumes, melons, tobacco, cotton, flowers, shrubberies, plants and fruits, nuts and berries, and other similar products whether of trees or other sources, or if they are a product of such crop or livestock in its unmanufactured state, such as seed, ginned cotton, wool-clip, honey, syrup, meat, milk, eggs, and cut, harvested, or standing timber, or supplies used or produced in farming operations, and if they are in the possession, including civil possession as defined in Civil Code articles 3421 and 3431, of a debtor engaged in planting, producing, raising, cultivating, harvesting, gathering, fattening, grazing, or other farming operations.

Filing- the receipt of an EFS, amendment, assignment, continuation, release, or termination of an EFS by the filing officer stamped with the date and time received and assigned a file number.

Filing Officer- the clerk of court of any parish.

Knows or Knowledge- actual knowledge.

Master List- a document listing all effective financing statements, amendments, assignments, and continuations of effective financing statements which:

1. is organized according to farm products; and

2. is arranged within each such product:

a. in alphabetical order according to the last name of the individual debtors, or, in the case of debtors doing business other than as individuals, the first word in the name of such debtors;

b. in numerical order according to the Social Security number of the individual debtors, or, in the case of debtors doing business other than as individuals, the Social Security number or employer identification number of such debtors;

c. geographically by parish; and

d. by crop year.

Office- the Office of the Secretary of State of the state of Louisiana.

Person- any individual, partnership, corporation, trust or any other business entity.

Portion- portion of the master list distributed to registrants regularly that cover the farm products in which such registrant has indicated an interest.

Registrant- any person, who has made application with the Office of the Secretary of State, has paid the required registration fee, and received written notice that his application has been accepted.

Regular Business Day- any day that the Office of the Secretary of State and filing officers are open for routine business.

Secretary- the Secretary of State of the state of Louisiana, or his duly authorized agent.

Secured Party- a creditor with a security interest in farm products.

Security Device- a written instrument that establishes a creditor's security interest in farm products or any pledge or privilege described in R.S. 9:4521, whether or not evidenced by a written instrument.

Security Interest- an interest in or encumbrance upon farm products that secures payment or performance of an obligation.

Selling Agent- a person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farm operations.

La. Admin. Code tit. 10, § XIX-301

Promulgated by the Department of State, Commercial Division, Office of Uniform Commercial Code, LR 39:2794 (October 2013), amended LR 40:1387 (July 2014).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3652, R.S. 3:3654, R.S. 3:3655, R.S. 10:9-526, R.S. 36:742, Civil Code Articles 3421 and 3431, and Public Law 99-198 (Food Security Act of 1985).