R.I. Gen. Laws § 6A-9-611

Current through 2024 Public Law 457
Section 6A-9-611 - Notification before disposition of collateral
(a) "Notification date." In this section, "notification date" means the earlier of the date on which:
(1) A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or
(2) The debtor and any secondary obligor waive the right to notification.
(b) Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 6A-9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.
(c) Persons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:
(1) The debtor;
(2) Any secondary obligor; and
(3) If the collateral is other than consumer goods:
(i) Any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;
(ii) Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
(A) Identified the collateral;
(B) Was indexed under the debtor's name as of that date; and
(C) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
(iii) Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 6A-9-311(a).
(d) Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(e) Compliance with subsection (c)(3)(ii). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(ii) if:
(1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(ii); and
(2) Before the notification date, the secured party:
(i) Did not receive a response to the request for information; or
(ii) Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

R.I. Gen. Laws § 6A-9-611

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.