Current through the 2024 Legislative Session
Section 490:9-805 - Effectiveness of action taken before July 1, 2013(a) If a financing statement is filed prior to July 1, 2013, to perfect a security interest, that filing shall be effective to the extent that it satisfies the applicable requirements for perfection under this article. (b) A financing statement that was filed prior to July 1, 2013, shall be effective if it satisfies the applicable requirements for perfection under the then-existing state law; provided that except as provided in subsections (c) and (d) and section 490:9-806, the financing statement shall cease to be effective: (1) If the financing statement was filed in this State, at the time the financing statement would have ceased to be effective under the then-existing state law; or (2) If the financing statement was filed in another jurisdiction, at the earlier of: (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or (c) The filing of a continuation statement on or after July 1, 2013, shall not continue the effectiveness of a financing statement filed prior to July 1, 2013; provided that upon the timely filing of a continuation statement on or after July 1, 2013, in accordance with the law of the jurisdiction governing perfection as provided in this article, the effectiveness of a financing statement filed in the same office in that jurisdiction prior to July 1, 2013, shall continue for the period provided by the law of that jurisdiction. (d) Subsection (b)(2)(B) shall apply to a financing statement that is filed prior to July 1, 2013, against a transmitting utility and that satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article as it existed prior to July 1, 2013, only to the extent that this article provides that the law of a jurisdiction other than the jurisdiction in which the financing statement was filed governs perfection of a security interest in collateral covered by the financing statement. (e) A financing statement that includes a financing statement filed prior to July 1, 2013, and a continuation statement filed on or after July 1, 2013, shall be effective only to the extent that it satisfies the requirements of section 490:9-806. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of section 490:9-503(a)(2). A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of section 490:9-503(a)(3). Added by L 2012, c 33, § 1, eff. 7/1/2013.