Section § 9801

Explanation

This law section states that any amendments made to this part of the legal code by the specific act that introduced this chapter will take effect starting July 1, 2014.

The changes to this division made by the act adding this chapter shall become operative on July 1, 2014.

Section § 9802

Explanation

This section says that if you have a business deal or legal claim that falls under this specific part of the law, the updates made to the rules apply even if those deals or claims were made before July 1, 2014. However, if a lawsuit or legal process started before that date, the changes don't impact it.

(a)CA Commercial Law Code § 9802(a) Except as otherwise provided in this chapter, the changes to this division made by the act adding this chapter apply to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2014.
(b)CA Commercial Law Code § 9802(b) The changes to this division made by the act adding this chapter do not affect an action, case, or proceeding commenced before July 1, 2014.

Section § 9803

Explanation

This law deals with security interests, which is a legal claim on collateral. If a security interest was already perfected (made legally binding) before July 1, 2014, then it is still considered perfected under the new rules starting that date, as long as it meets certain updated requirements without needing further steps. However, if the updated requirements are not met by July 1, 2014, the security interest must comply with the new rules by July 1, 2015, to remain perfected.

(a)CA Commercial Law Code § 9803(a) A security interest that is a perfected security interest immediately before July 1, 2014, is a perfected security interest under this division as amended by this act if, as of July 1, 2014, the applicable requirements for attachment and perfection under this division as of that date are satisfied without further action.
(b)CA Commercial Law Code § 9803(b) Except as otherwise provided in Section 9805, if, immediately before July 1, 2014, a security interest is a perfected security interest, but the applicable requirements for perfection under this division as of July 1, 2014, are not satisfied as of that date, the security interest remains perfected thereafter only if the applicable requirements for perfection under this division as amended by this act are satisfied by July 1, 2015.

Section § 9804

Explanation

If a security interest wasn't fully protected by law before July 1, 2014, it automatically became protected on that date as long as it met the updated legal requirements. If it met the requirements after July 1, 2014, it would become protected once those were satisfied.

A security interest that is an unperfected security interest immediately before July 1, 2014, becomes a perfected security interest as follows:
(a)CA Commercial Law Code § 9804(a) Without further action, on July 1, 2014, if the applicable requirements for perfection under this division as amended by this act are satisfied before or at that time.
(b)CA Commercial Law Code § 9804(b) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

Section § 9805

Explanation

This law explains how certain rules about financing statements and security interests changed in 2014. If a financing statement was filed before July 1, 2014, it remains valid, but how long it stays effective can depend on when or where it was filed. Statements filed in California stop being effective as they would have under the old rules, and if filed elsewhere, they expire either under that jurisdiction's law or by June 30, 2018, whichever comes first. Continuation statements ensure ongoing effectiveness but must align with specific laws and must be filed at the right time after July 1, 2014. Rules apply differently for cases involving utilities and trusts.

(a)CA Commercial Law Code § 9805(a) The filing of a financing statement before July 1, 2014, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this division as amended by this act.
(b)CA Commercial Law Code § 9805(b) The changes to this division made by the act adding this chapter do not render ineffective an effective financing statement that, before July 1, 2014, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this division as it existed before that date. However, except as otherwise provided in subdivisions (c) and (d) and Section 9806, the financing statement ceases to be effective under the following conditions:
(1)CA Commercial Law Code § 9805(b)(1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had the changes to this division made by the act adding this chapter not become operative.
(2)CA Commercial Law Code § 9805(b)(2) If the financing statement is filed in another jurisdiction, at the earlier of the following:
(A)CA Commercial Law Code § 9805(b)(2)(A) The time the financing statement would have ceased to be effective under the law of that jurisdiction.
(B)CA Commercial Law Code § 9805(b)(2)(B) June 30, 2018.
(c)CA Commercial Law Code § 9805(c) The filing of a continuation statement after July 1, 2014, does not continue the effectiveness of a financing statement filed before that date. However, upon the timely filing of a continuation statement after July 1, 2014, and in accordance with the law of the jurisdiction governing perfection as provided in this division, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2014, continues for the period provided by the law of that jurisdiction.
(d)CA Commercial Law Code § 9805(d) Subparagraph (B) of paragraph (2) of subdivision (b) applies to a financing statement that, before July 1, 2014, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this division as it existed before that date, only to the extent that this division 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.
(e)CA Commercial Law Code § 9805(e) A financing statement that includes a financing statement filed before July 1, 2014, and a continuation statement filed after that date is effective only to the extent that it satisfies the requirements of Chapter 5 (commencing with Section 9501) as amended by the act adding this chapter for an initial financing statement. 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 paragraph (2) of subdivision (a) of Section 9503, as amended by the act adding this chapter. 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 paragraph (3) of subdivision (a) of Section 9503 as amended by the act adding this chapter.

Section § 9806

Explanation

If you filed a financing statement before July 1, 2014, in a different state's office, you can keep it effective by filing a new one in the right California office. This new filing can keep the first statement valid if certain conditions are met. It must comply with the current law's requirements, specify where and when the original was filed, and confirm the original is still valid. Whether you file the new one before or after July 1, 2014, affects how long it stays valid.

(a)CA Commercial Law Code § 9806(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, 2014, if the following conditions are satisfied:
(1)CA Commercial Law Code § 9806(a)(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this division as amended by the act adding this chapter.
(2)CA Commercial Law Code § 9806(a)(2) The preeffective-date financing statement was filed in an office in another state.
(3)CA Commercial Law Code § 9806(a)(3) The initial financing statement satisfies subdivision (c).
(b)CA Commercial Law Code § 9806(b) The filing of an initial financing statement under subdivision (a) continues the effectiveness of the preeffective-date financing statement if the following conditions are satisfied:
(1)CA Commercial Law Code § 9806(b)(1) If the initial financing statement is filed before July 1, 2014, for the period provided in Section 9515 prior to its amendment by the act adding this chapter with respect to an initial financing statement.
(2)CA Commercial Law Code § 9806(b)(2) If the initial financing statement is filed after July 1, 2014, for the period provided in Section 9515 as amended by the act adding this chapter with respect to an initial financing statement.
(c)CA Commercial Law Code § 9806(c) To be effective for purposes of subdivision (a), an initial financing statement shall satisfy the following conditions:
(1)CA Commercial Law Code § 9806(c)(1) Satisfy the requirements of Chapter 5 (commencing with Section 9501) as amended by the act adding this chapter for an initial financing statement.
(2)CA Commercial Law Code § 9806(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 § 9806(c)(3) Indicate that the preeffective-date financing statement remains effective.

Section § 9807

Explanation

This law lays out the rules for handling financing statements that were filed before July 1, 2014, referred to as 'preeffective-date financing statements.' After this date, any changes to these statements, such as adding or removing collateral, extending their term, or terminating them, must follow the laws of the jurisdiction that now governs these statements. If California law is the governing law, amendments to such financing statements can occur under certain conditions, mainly involving proper filing in specific offices. Additionally, the effectiveness of these preeffective statements can continue or be terminated under specific guidelines, and termination requires a termination statement filed in the appropriate office.

(a)CA Commercial Law Code § 9807(a) In this section, “preeffective-date financing statement” means a financing statement filed before July 1, 2014.
(b)CA Commercial Law Code § 9807(b) After July 1, 2014, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this division as amended by the act adding this chapter. However, the effectiveness of a preeffective-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 § 9807(c) Except as otherwise provided in subdivision (d), if the law of this state governs perfection of a security interest, the information in a preeffective-date financing statement may be amended after July 1, 2014, only if:
(1)CA Commercial Law Code § 9807(c)(1) The preeffective-date financing statement and an amendment are filed in the office specified in Section 9501.
(2)CA Commercial Law Code § 9807(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 9806.
(3)CA Commercial Law Code § 9807(c)(3) An initial financing statement that provides the information as amended and satisfies subdivision (c) of Section 9806 is filed in the office specified in Section 9501.
(d)CA Commercial Law Code § 9807(d) If the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be continued only under subdivision (c) or (e) of Section 9805 or Section 9806.
(e)CA Commercial Law Code § 9807(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this state may be terminated after July 1, 2014, by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless an initial financing statement that satisfies subdivision (c) of Section 9806 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this division as amended by the act adding this chapter as the office in which to file a financing statement.

Section § 9808

Explanation

If you need to file a financing statement or keep one valid under the rules discussed here, you must have approval from the secured party of record. This filing could be necessary if you want to keep a financing statement active, especially if it was filed before July 1, 2014, or to ensure your security interest remains properly documented and recognized.

A person may file an initial financing statement or a continuation statement under this chapter if the following conditions are satisfied:
(a)CA Commercial Law Code § 9808(a) The secured party of record authorizes the filing.
(b)CA Commercial Law Code § 9808(b) The filing is necessary under this part to accomplish either of the following:
(1)CA Commercial Law Code § 9808(b)(1) To continue the effectiveness of a financing statement filed before July 1, 2014.
(2)CA Commercial Law Code § 9808(b)(2) To perfect or continue the perfection of a security interest.

Section § 9809

Explanation

This law explains that when there are conflicting claims on collateral (property or assets used to secure a loan), the new rules set out by this law determine which claim takes priority. However, if the priority of these claims was already decided before July 1, 2014, the old rules will still apply to those cases.

The changes to this division made by the act adding this chapter determine the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before those changes become operative on July 1, 2014, this division as it existed before those changes become operative determines priority.