Current through 2024 Public Law 457
Section 6A-9-605 - Unknown debtor or secondary obligor(a) In general: No duty owed by secured party. Except as provided in subsection (b) of this section, a secured party does not owe a duty based on its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows: (i) That the person is a debtor or obligor;(ii) The identity of the person; and(iii) How to communicate with the person; or(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (i) That the person is a debtor; and(ii) The identity of the person.(b) Exception: Secured party owes duty to debtor or obligor. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later: (1) The person is a debtor or obligor; and(2) The secured party knows that the information in subsection (a)(1)(i), (ii), or (iii) of this section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.R.I. Gen. Laws § 6A-9-605
Amended by 2024 Pub. Laws, ch. 66,§ 9, eff. 6/10/2024.Amended by 2024 Pub. Laws, ch. 65,§ 9, eff. 6/10/2024. P.L. 2000 , ch. 182, § 6; P.L. 2000 , ch. 420, § 6.