Secured TransactionsFiling
Section § 9501
This law explains where to file a financing statement to secure a security interest or agricultural lien. If the collateral involves real estate, like extracted materials or timber, file where mortgages are recorded. Otherwise, file with the Secretary of State, especially if it involves fixtures not specifically filed as a fixture filing. For transmitting utilities, always file with the Secretary of State, covering anything that might become part of the real estate.
Section § 9502
This law explains the requirements for a financing statement to be valid. It must include the debtor's name, the secured party's name, and describe the collateral. If the financing statement involves special items like as-extracted collateral, timber to be cut, or attached fixtures, it also needs to specify that it covers these items, be recorded in real estate records, describe the related property, and name the property owner if needed. For a mortgage record to serve as a financing statement for these items, it must meet specific conditions and be properly recorded. Additionally, a financing statement can be filed even before a security agreement is in place.
Section § 9503
This section lays out the rules for how to correctly name a debtor in a financing statement, which is a document used in securing transactions. The requirements differ depending on whether the debtor is an organization, an individual, or involves a trust. For registered organizations, the name must match official records. If a trust is involved, the name must either be the trust's given name or the settlor's (person creating the trust) name, with specific details to differentiate between potential similar trusts. For individuals, the name must match a current driver's license or ID card, or if unavailable, use their first and last names. Incorrect ways to list a name, such as using only a trade name, don't count. The section also includes specifics on how to proceed if a debtor has multiple licenses or IDs and clarifies that missing certain details, like trade names or representative status, might not render the statement ineffective.
Section § 9504
Section § 9505
This section allows consignors, lessors, licensors, and buyers of certain financial interests to file legal notices using other specific terms instead of calling themselves secured parties or debtors. These filings don't automatically make the collateral secure a debt, but if it's later determined the goods do secure a debt, then that interest becomes legally valid through this process.
Section § 9506
This law section deals with the effectiveness of financing statements, which are documents used in secured transactions. A financing statement with minor errors might still be valid unless those errors make the statement misleading. If the debtor's name is incorrect, the statement is considered misleading unless a search under the correct name in the filing office's system would still reveal the statement. The term 'debtor's correct name' refers to the correct name of any new debtor, as needed in other parts of the law.
Section § 9507
This section says that a filed financing statement remains valid for collateral even if the collateral is sold, leased, or otherwise disposed of, as long as a security interest continues. If the information in the financing statement becomes very misleading, it does not make the statement ineffective unless the debtor's name becomes incorrect. If the debtor's name is wrong, the statement is only valid for collateral obtained before or within four months of the name becoming misleading. For collateral obtained later, the statement remains valid if corrected within four months.
Section § 9508
This section talks about what happens to a security interest if the debtor changes. If a company (called a 'new debtor') takes over collateral from an original debtor, a previously filed financing statement remains effective as long as it's not seriously misleading. If the change in names causes confusion, the financing statement will only cover assets acquired by the new debtor for up to four months unless a new statement is filed. However, this doesn't apply if the statement would still be effective under another rule in Section 9507.
Section § 9509
This section explains the rules for filing financing statements and amendments related to security interests and agricultural liens. To file a new financing statement or add collateral or a debtor, the debtor must authorize it or the filer must hold an effective agricultural lien. When a debtor signs a security agreement, they allow filings for the stated collateral and any property that becomes collateral. If an amendment does not add collateral or a debtor, it must be authorized by the secured party or concern a termination statement that the secured party failed to file. Each secured party on record can permit amendments.
Section § 9510
This law explains that a document related to a security interest is only valid if filed by a person who is allowed to do so. If one secured party updates their record, it doesn't impact any other secured parties involved. Also, for a continuation statement to remain valid, it must be filed within six months of the expiry of the initial statement; otherwise, it becomes void.
Section § 9511
This law describes who is considered a 'secured party of record' when dealing with official financial documents known as financing statements. Initially, the secured party is the person or representative named in the first filed document. If there's an official change (amendment) naming a new person, that person becomes the secured party of record. This designation lasts until another official change removes their name.
Section § 9512
Section § 9513
This section requires a secured party to file a termination statement for a financing statement under certain conditions. If the statement covers consumer goods and either the debt is paid off or the debtor didn’t authorize the initial filing, a termination must be filed. Additionally, the secured party must file the termination within a month of the debt being cleared or within 20 days of a debtor’s demand. Outside of these conditions, there are specific rules for other scenarios involving accounts, chattel paper, consignments, and unauthorized filings. Once the termination statement is filed, the related financing statement is no longer valid.
Section § 9514
This section explains how the rights to amend a financing statement can be transferred from one party to another. If someone initially responsible for a financing statement wants to pass on their rights to change that statement, they can do so by naming a new person, called an assignee, in the necessary documents. This involves providing the assignee's name and address. Additionally, if the financing statement is tied to a mortgage on fixtures, the transfer must follow specific state laws outside the usual rules of the Uniform Commercial Code.
Section § 9515
This law talks about how long a financing statement is valid after being filed. Generally, it's effective for five years, but it can last 30 years if it's connected to public finance or manufactured home transactions. Before it expires, you can extend it by filing a continuation statement within six months of its expiration. If you miss this deadline, the security interest becomes unprotected. For utilities, the statement remains valid until a termination is filed. Also, a mortgage as a fixture filing stays effective until it's satisfied or ends otherwise.
Section § 9516
This law covers the rules for filing a record with a filing office. Generally, sending a record and paying the fee counts as a filing, unless the office refuses it for specific reasons. These reasons include using an unauthorized communication method, failing to pay the fee, or providing incomplete or incorrect information that prevents the office from processing the record, like missing debtor names or addresses. Also, if the filing does not clearly identify what it relates to, or it's submitted outside of allowed timeframes, it can be declined. Even if rejected for other reasons, the record might still be considered filed, except for people who reasonably rely on its absence when dealing with the collateral.
Section § 9517
If the office responsible for keeping records makes a mistake in organizing or listing a document, it doesn't change the fact that the document is still valid and enforceable.
Section § 9518
If someone thinks a record linked to their name in a filing system is incorrect or filed wrongly, they can submit an information statement to the filing office. This statement must identify the related record, clearly state that it's an information statement, and explain why they believe the record is wrong and how it should be corrected. If the person who files this statement is a secured party (someone with a security interest in the filed record), and believes that the record was filed by someone who shouldn't have filed it, they can also submit such a statement. However, filing an information statement does not change the validity of the original record.
Section § 9519
This law outlines how filing offices in California must handle records, particularly financing statements. They are required to assign unique numbers to each record, create and maintain these records for public inspection, and index them properly. Records must be indexed by the debtor's name and linked to related filings. For certain types of filings, like fixture filings or those involving extracted materials, special indexing rules apply. The filing office must also ensure that records can be retrieved both by debtor name and by file number. Debtor names should not be removed from indexes until a set period after the related financing statement expires. Most actions must be completed within two business days, but certain exceptions exist.
Section § 9520
This law outlines the rules for when a filing office can refuse to accept a record for filing. It must follow the specific reasons listed in another section (Section 9516). If a filing is rejected, the office has to tell the person why and when it would have been filed if accepted, usually within two business days. Even if something is filed that should have been refused, the filing is still effective if it meets certain criteria, but errors in specific sections can still make it problematic. If a filing concerns more than one debtor, it applies to each separately.
Section § 9521
This law says that if a filing office accepts written records, they cannot reject a written initial financing statement or an amendment to a financing statement if it's in the specified format. They can only refuse it if there's a reason mentioned in another specific rule. This ensures that as long as the document is complete like the standard format, it's good to go.
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NOTICE OF INCOMPLETE TEXT: The UCC Financing Statement
form appears in the hard-copy publication of the chaptered bill.
See Sec. 21, Chapter 531 (pp. 30–31), Statutes of 2013.
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NOTICE OF INCOMPLETE TEXT: The UCC Financing Statement
Amendment form appears in the hard-copy publication of the
chaptered bill. See Sec. 21, Chapter 531 (pp. 33–34), Statutes of 2013.
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Section § 9522
This law requires the filing office to keep a record of the information in a filed financing statement for at least one year after it is no longer effective. They must be able to find this record by searching the debtor’s name and using a file number assigned to the initial financing statement. There are specific rules about how to retrieve the record based on where it was filed. Additionally, while the filing office can destroy the physical documents of the financing statement, they must still have a record that meets certain criteria stored electronically or by other means.
Section § 9523
This section outlines the responsibilities of a filing office when handling records. If someone files a written record and asks for confirmation, the office must send them an image with the filing details or note these details on a copy if provided. For non-written records, the office must send an acknowledgment with specific information. The filing office must also give record information to anyone who requests it, including if there are any relevant financing statements on file. Communication can be in any format, but a written certificate must be provided if asked. The office must process requests within two business days and regularly make bulk records available to the public.
Section § 9524
Section § 9525
This law talks about the fees for filing and indexing certain records and requests for information. Generally, fees for filing are stated in a different section (Government Code Section 12194), and the number of names listed doesn't change that fee. If you're asking for a certificate to check if a financing statement for a debtor exists, it'll cost $10 for a paper request and $5 for other types of requests approved by the office. However, if you're dealing with mortgages used as financing statements for things like fixtures or extracted collateral, you don't pay this fee, but you might still need to pay other recording fees.
Section § 9526
The Secretary of State in California is responsible for creating and publishing rules to manage a specific set of filings. These rules must align with similar rules in other places that have adopted the same standards. To ensure consistency and compatibility, the Secretary must communicate with other regions, consider the latest model rules from a corporate administrators' association, and keep in mind the technology and practices used elsewhere.
Section § 9526.5
This law ensures that social security numbers in official records are protected by requiring 'public filings' to have truncated social security numbers, meaning only the last four digits are shown. If a filing office received a document before August 1, 2007, with a complete social security number, they must create a public version with the number truncated. The law obliges filing offices to inform filers not to include social security numbers and prohibits using fields that request them online. Public access to documents is only through the public filing version unless a court order specifies otherwise. Due diligence is required in truncating social security numbers, and automated systems are encouraged for accuracy. The Secretary of State must ensure financing statements don't require social security numbers. These rules don't apply to county recorders.