This code shall become effective on January 1, 1965. It applies to transactions entered into and events occurring after that date.
Effective Date and Repealer
Section § 13101
This law became effective on January 1, 1965, and it applies to any transactions or events that happen after that date.
effective date January 1 1965
Section § 13102
This law is about maintaining the validity and enforcement options of transactions made before January 1, 1965. It ensures that these transactions remain valid even if related laws are amended or repealed. However, for security interests tied to these transactions, specific rules apply to keep them 'perfected' (legally enforceable). These rules depend on how and when the security interest was initially filed or recorded before 1965. The law requires continuation statements to be filed to keep these interests valid, and details the process for doing so.
Transactions validly entered into before January 1, 1965, and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this act as though such repeal or amendment had not occurred; provided, however, that the perfection of a security interest (other than a security interest (i) in a motor vehicle or vessel required to be registered under the Vehicle Code unless such vehicle or vessel is
inventory or (ii) in personal property, including fixtures, which constitutes a portion of the properties included in an agreement which is a mortgage or deed of trust of both real and personal property made to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Corporations, or made by a public utility as defined in the Public Utilities Code), as defined in this code (Section 1201), and however denominated in any law repealed by this act,
(a)CA Commercial Law Code § 13102(a) Which was perfected on or before January 1, 1965, by a filing or recording under a law repealed by this act and requiring a further filing or recording to continue its perfection, continues until and will lapse on the date provided by the law so repealed for such further filing or recording.
(b)CA Commercial Law Code § 13102(b) Which was perfected on or before January 1, 1965, by a filing or recording under a law repealed by this act and requiring no further filing or recording to continue its perfection, continues until and will lapse 12 months after January 1, 1965.
(c)CA Commercial Law Code § 13102(c) Which was perfected on or before January 1, 1965, without any filing or recording, but with respect to which a financing statement is required to be filed in order for it to be perfected under this code, continues until and will lapse 12 months after January 1, 1965;
unless, in each case, a continuation statement is filed by the secured party within 12 months before the perfection of the security interest would otherwise lapse. Any such continuation statement must be signed by the secured party, identify the original security agreement, however denominated, state the office where
and the date when last filed or refiled, or recorded or rerecorded, and the filing number or recordation data and further state that the original security agreement is still effective. Subdivision (1) of Section 9501 determines the proper place to file such a continuation statement. Except as herein specified the provisions of Sections 9515 and 9522 apply to such a continuation statement.
pre-1965 transactions security interest perfection filing requirements
Section § 13103
This law states that any previous laws or parts of laws that conflict with the new law are cancelled and no longer valid.
Except as provided in the following section, all acts and parts of acts inconsistent with this act are hereby repealed.
inconsistent acts repealed laws conflicting legislation
Section § 13105
If a financing statement was properly filed before January 1, 1971, it remains effective for five years. Changes to it must be recorded with the county recorder before it expires. However, after January 1, 1971, if that financing statement would now be filed with the Secretary of State, any continuation must go to the Secretary of State instead. This requires providing a certified copy of the previous county recorder documents. Following this, all related changes or continuations also go to the Secretary of State, and anything not done so is not effective.
(1)CA Commercial Law Code § 13105(1) A financing statement or a continuation thereof, properly filed and effective pursuant to Section 9401 as it existed prior to January 1, 1971, remains valid and effective after January 1, 1971, until expiration of the usual five-year period from date of filing. Any termination, release, assignment, or amendment of the financing statement prior to expiration of the five-year period of effectiveness shall be filed, as previously required, with the county recorder who has filed the financing statement.
(2)CA Commercial Law Code § 13105(2) After January 1, 1971, any continuation of a financing statement which had been properly filed with a county recorder prior to January 1, 1971, and which now would be required to be filed with the Secretary of State, shall be filed with the Secretary of State in accordance with Sections 9515 and 9516. The continuation statement shall be accompanied by a certified copy of the entire record of the county recorder related to the financing statement. After filing of the continuation statement with the Secretary of State, any termination, release, assignment, amendment, or continuation of the financing statement shall also be filed with the Secretary of State and any documents affecting the financing statement that are not filed with the Secretary of State shall not be effective.
financing statement county recorder Secretary of State
