Section § 9701

Explanation

This law section states that its rules started taking effect on July 1, 2001.

This division shall become operative on July 1, 2001.

Section § 9702

Explanation

This section explains that the rules in this division apply to certain financial transactions or liens, even if they began before these rules came into effect. If you had a transaction or lien that wasn't covered by the previous rules but was started before July 1, 2001, it's still valid under the current rules. You can finish, enforce, or end these transactions according to the new rules or as they would have been if this division didn't exist. However, if there was a legal action or case that started before July 1, 2001, this division doesn’t change that.

(a)CA Commercial Law Code § 9702(a) Except as otherwise provided in this chapter, this division applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this division takes effect.
(b)CA Commercial Law Code § 9702(b) Except as otherwise provided in subdivision (c) and in Sections 9703 to 9709, inclusive, both of the following rules apply:
(1)CA Commercial Law Code § 9702(b)(1) Transactions and liens that were not governed by former Division 9, were validly entered into or created before July 1, 2001, and would be subject to this act if they had been entered into or created after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens remain valid after July 1, 2001.
(2)CA Commercial Law Code § 9702(b)(2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this division or by the law that otherwise would apply if this division had not taken effect.
(c)CA Commercial Law Code § 9702(c) This division does not affect an action, case, or proceeding commenced before July 1, 2001.

Section § 9703

Explanation

This law addresses the transition of security interests around July 1, 2001. If a security interest was already valid and fully enforceable right before that date, it automatically became a 'perfected' interest under the new rules without needing any additional steps. If it was valid but not fully compliant with the new rules, it would still be considered perfected until July 1, 2002. To remain enforceable or perfected after that, it would need to meet the new standards by July 1, 2002, outlined in this division. This law ensures old interests smoothly transition to new regulations without losing their legal status, as long as deadlines are met.

(a)CA Commercial Law Code § 9703(a) A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this division if, on July 1, 2001, the applicable requirements for enforceability and perfection under this division are satisfied without further action.
(b)CA Commercial Law Code § 9703(b) Except as otherwise provided in Section 9705, if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this division are not satisfied on July 1, 2001, when all of the following rules apply with respect to the security interest:
(1)CA Commercial Law Code § 9703(b)(1) It is a perfected security interest until July 1, 2002.
(2)CA Commercial Law Code § 9703(b)(2) It remains enforceable thereafter only if the security interest becomes enforceable under Section 9203 before July 1, 2002.
(3)CA Commercial Law Code § 9703(b)(3) It remains perfected thereafter only if the applicable requirements for perfection under this division are satisfied before July 1, 2002.

Section § 9704

Explanation

This section explains what happens to a security interest—a claim on assets by a lender—that was enforceable before July 1, 2001, but is less prioritized than a lien creditor's rights at the same time. It will stay enforceable until July 1, 2002. If it meets certain conditions, it can remain enforceable after that date. To become "perfected," which means legally protected against third parties, it can happen automatically on July 1, 2001, if it already follows the rules, or whenever the conditions are met if done later.

All of the following rules apply with respect to a security interest that is enforceable immediately before July 1, 2001, but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1)CA Commercial Law Code § 9704(1) It remains an enforceable security interest until July 1, 2002.
(2)CA Commercial Law Code § 9704(2) It remains enforceable thereafter if the security interest becomes enforceable under Section 9203 on July 1, 2001, or on July 1, 2002.
(3)CA Commercial Law Code § 9704(3) It becomes perfected in either of the following ways:
(A)CA Commercial Law Code § 9704(3)(A) Without further action, on July 1, 2001, if the applicable requirements for perfection under this division are satisfied on or before that time.
(B)CA Commercial Law Code § 9704(3)(B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

Section § 9705

Explanation

This law section outlines the rules regarding the perfection and priority of security interests through financing statements filed before and after July 1, 2001. If actions were taken before July 1, 2001, to secure a priority interest, they are effective to maintain that interest until July 1, 2002, unless otherwise perfected under the current rules. A financing statement filed before this date remains effective only until the earlier of either its original expiration under prior law or June 30, 2006. Similarly, after July 1, 2001, filing a continuation statement does not extend the effectiveness of a pre-existing financing statement unless certain conditions are met. The section also covers special conditions related to transmitting utilities and the required compliance with new governing rules.

(a)CA Commercial Law Code § 9705(a) If action, other than the filing of a financing statement, is taken before July 1, 2001, 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 July 1, 2001, the action is effective to perfect a security interest that attaches under this division on or before July 1, 2002. An attached security interest becomes unperfected on July 1, 2002, unless the security interest becomes a perfected security interest under this division before that date.
(b)CA Commercial Law Code § 9705(b) The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this division.
(c)CA Commercial Law Code § 9705(c) This division does not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Section 9103. However, except as otherwise provided in subdivisions (d) and (e) and in Section 9706, the financing statement ceases to be effective at the earlier of either of the following:
(1)CA Commercial Law Code § 9705(c)(1) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed.
(2)CA Commercial Law Code § 9705(c)(2) June 30, 2006.
(d)CA Commercial Law Code § 9705(d) The filing of a continuation statement after July 1, 2001, does not continue the effectiveness of the financing statement filed before July 1, 2001. However, upon the timely filing of a continuation statement after July 1, 2001, and in accordance with the law of the jurisdiction governing perfection as provided in Chapter 3 (commencing with Section 9301), the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001, continues for the period provided by the law of that jurisdiction.
(e)CA Commercial Law Code § 9705(e) Paragraph (2) of subdivision (c) applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Section 9103 only to the extent that Chapter 3 (commencing with Section 9301) provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(f)CA Commercial Law Code § 9705(f) A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed after July 1, 2001, is effective only to the extent that it satisfies the requirements of Chapter 5 (commencing with Section 9501) for an initial financing statement.

Section § 9706

Explanation

This section explains how an initial financing statement, which is filed after July 1, 2001, in a specific office can continue the legal effectiveness of a financing statement that was filed before that date. To do this, the new statement must be valid to create a security interest, indicate where and when the old statement was filed, and meet specific requirements. The duration for which the old statement stays effective depends on when the new statement was filed. If filed before July 1, 2001, it follows an older rule, and if filed after, it follows a newer rule.

(a)CA Commercial Law Code § 9706(a) The filing of an initial financing statement in the office specified in Section 9501 continues the effectiveness of a financing statement filed before July 1, 2001, if all of the following conditions are satisfied:
(1)CA Commercial Law Code § 9706(a)(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this division.
(2)CA Commercial Law Code § 9706(a)(2) The preeffective date financing statement was filed in an office in another state or another office in this state.
(3)CA Commercial Law Code § 9706(a)(3) The initial financing statement satisfies subdivision (c).
(b)CA Commercial Law Code § 9706(b) The filing of an initial financing statement under subdivision (a) continues the effectiveness of the preeffective date financing statement for the following periods:
(1)CA Commercial Law Code § 9706(b)(1) If the initial financing statement is filed before July 1, 2001, for the period provided in former Section 9403 with respect to a financing statement.
(2)CA Commercial Law Code § 9706(b)(2) If the initial financing statement is filed after July 1, 2001, for the period provided in Section 9515 with respect to an initial financing statement.
(c)CA Commercial Law Code § 9706(c) To be effective for purposes of subdivision (a), an initial financing statement must do all of the following:
(1)CA Commercial Law Code § 9706(c)(1) Satisfy the requirements of Chapter 5 (commencing with Section 9501) for an initial financing statement.
(2)CA Commercial Law Code § 9706(c)(2) Identify the preeffective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement.
(3)CA Commercial Law Code § 9706(c)(3) Indicate that the preeffective date financing statement remains effective.

Section § 9707

Explanation

This section talks about how to handle financing statements that were filed before a certain date. After this section starts to apply, you can only change these old statements if you follow the rules of the state that governs them. If California's laws are in charge, you can add to or change these old statements by filing the right documents in the correct office. You can also end these statements if you file a termination statement in the same place the original was filed, unless a new statement has already been filed according to the relevant rules.

(a)CA Commercial Law Code § 9707(a) In this section, “pre-effective-date financing statement” means a financing statement filed before the date that this section becomes operative.
(b)CA Commercial Law Code § 9707(b) After the date this section becomes operative, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Chapter 3 (commencing with Section 9301). However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c)CA Commercial Law Code § 9707(c) Except as otherwise provided by subdivision (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after the date this section becomes operative only if any of the following occur:
(1)CA Commercial Law Code § 9707(c)(1) The pre-effective-date financing statement and an amendment are filed in the office specified in Section 9501.
(2)CA Commercial Law Code § 9707(c)(2) An amendment is filed in the office specified in Section 9501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subdivision (c) of Section 9706.
(3)CA Commercial Law Code § 9707(c)(3) An initial financing statement that provides the information as amended and satisfies subdivision (c) of Section 9706 is filed in the office specified in Section 9501.
(d)CA Commercial Law Code § 9707(d) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subdivisions (d) and (f) of Section 9705 or Section 9706.
(e)CA Commercial Law Code § 9707(e) Whether or not the law of this state governs the perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after the date that this section becomes operative by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial filing statement that satisfies subdivision (c) of Section 9706 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Chapter 3 (commencing with Section 9301) as the office in which to file a financing statement.

Section § 9708

Explanation

If you want to file a financing statement or keep one active, you need permission from the secured party, and it must be necessary to maintain a filing from before July 1, 2001, or to protect a security interest.

A person may file an initial financing statement or a continuation statement under this chapter if both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9708(1) The secured party of record authorizes the filing.
(2)CA Commercial Law Code § 9708(2) The filing is necessary under this chapter to do either of the following:
(A)CA Commercial Law Code § 9708(2)(A) To continue the effectiveness of a financing statement filed before July 1, 2001.
(B)CA Commercial Law Code § 9708(2)(B) To perfect or continue the perfection of a security interest.

Section § 9709

Explanation

This section explains how to determine which claim has priority when there are competing claims to the same collateral. If the priorities were set before July 1, 2001, then the old rules apply. For security interests becoming enforceable on or after July 1, 2001, the priority is determined as of that date, but only if the interest was perfected by filing a specific financial document before July 1, 2001, that wouldn't have been effective under the old rules. This rule doesn't apply if both claims are perfected through such filings.

(a)CA Commercial Law Code § 9709(a) This division determines priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Division 9 (commencing with Section 9101) determines priority.
(b)CA Commercial Law Code § 9709(b) For purposes of subdivision (a) of Section 9322, the priority of a security interest that becomes enforceable under Section 9203 dates from July 1, 2001, if the security interest is perfected under this division by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former Division 9 (commencing with Section 9101). This subdivision does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.