Section § 9901

Explanation

This law section discusses changes to rules about security interests that took effect on January 1, 2015. It applies specifically to cases where a person (the debtor) is an individual, and there was a financing statement filed before this date listing their name. If there's a conflict between these new rules and previous rules in Chapter 8, the new rules will take priority, although Chapter 8 still applies within its own scope.

(a)CA Commercial Law Code § 9901(a) The changes to this division made by the act adding this chapter become operative on January 1, 2015.
(b)CA Commercial Law Code § 9901(b) This chapter applies to a security interest only to the extent that, with respect to such security interest, both of the following apply:
(1)CA Commercial Law Code § 9901(b)(1) A debtor is an individual.
(2)CA Commercial Law Code § 9901(b)(2) A financing statement filed before January 1, 2015, provides the name of an individual as a debtor.
(c)CA Commercial Law Code § 9901(c) If a security interest is within the scope of Chapter 8 (commencing with Section 9801), that chapter continues to apply. To the extent there is a conflict between Chapter 8 (commencing with Section 9801) and this chapter, this chapter governs.

Section § 9902

Explanation

This law explains that if there are any new rules added to this section, they will apply to transactions or liens covered by it, even if those deals were made before January 1, 2015. However, these changes won't affect any legal actions or proceedings that started before that date.

(a)CA Commercial Law Code § 9902(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 January 1, 2015.
(b)CA Commercial Law Code § 9902(b) The changes to this division made by the act adding this chapter do not affect an action, case, or proceeding commenced before January 1, 2015.

Section § 9903

Explanation

If a security interest was considered "perfected," or fully valid and enforceable, before January 1, 2015, it remains perfected under the new rules as long as it meets the updated attachment and perfection requirements on that date, without needing any extra steps.

A security interest that is a perfected security interest immediately before January 1, 2015, is a perfected security interest under this division as amended by this act if, as of January 1, 2015, the applicable requirements for attachment and perfection under this division as of that date are satisfied without further action.

Section § 9904

Explanation

This law says that if a security interest wasn't perfected (made legally enforceable) by the end of 2014, it can still become perfected automatically on January 1, 2015, if it meets the updated requirements before or by that date. If the requirements are met after January 1, 2015, the security interest becomes perfected at that later time.

A security interest that is an unperfected security interest immediately before January 1, 2015, becomes a perfected security interest as follows:
(a)CA Commercial Law Code § 9904(a) Without further action, on January 1, 2015, 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 § 9904(b) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

Section § 9905

Explanation

If you filed a financing statement before January 1, 2015, it's still valid for securing an interest if it met the rules back then. Even though the rules have changed, old filings aren't invalid. However, their validity will end when they were originally supposed to, unless you file a continuation statement after 2015. This continuation must have the debtor's name corrected to the new standard. Any old financing statements combined with new continuation statements need to meet the updated requirements for them to work.

(a)CA Commercial Law Code § 9905(a) The filing of a financing statement before January 1, 2015, 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 § 9905(b) The changes to this division made by the act adding this chapter do not render ineffective an effective financing statement that, before January 1, 2015, is filed and satisfies the applicable requirements for perfection under this division (including giving effect to Chapter 8 (commencing with Section 9801)) as it existed before giving effect to the changes to this division made by the act adding this chapter. However, except as otherwise provided in subdivision (c), the financing statement ceases to be effective 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 effective and operative.
(c)CA Commercial Law Code § 9905(c) The timely filing of a continuation statement on or after January 1, 2015, continues the effectiveness of a financing statement filed before January 1, 2015, if the financing statement (including any amendments) contains the name of the debtor in accordance with the requirements of Chapter 5 (commencing with Section 9501) as amended by the act adding this chapter for an initial financing statement.
(d)CA Commercial Law Code § 9905(d) A financing statement (including any amendments) that includes a financing statement filed before January 1, 2015, and a continuation statement filed after January 1, 2015, is effective only to the extent that they satisfy the requirements of Chapter 5 (commencing with Section 9501) as amended by the act adding this chapter for an initial financing statement.

Section § 9906

Explanation

If you need to file a financial document known as a financing statement or a continuation of it, you can do so under certain conditions. First, the secured party must authorize it. Second, the filing is either to keep a previous statement valid or to establish or maintain a claim on collateral.

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 § 9906(a) The secured party of record authorizes the filing.
(b)CA Commercial Law Code § 9906(b) The filing is necessary under this division to accomplish either of the following:
(1)CA Commercial Law Code § 9906(b)(1) To continue the effectiveness of a financing statement filed before January 1, 2015.
(2)CA Commercial Law Code § 9906(b)(2) To perfect or continue the perfection of a security interest.

Section § 9907

Explanation

This law explains how to decide which claim is more important when two claims conflict over the same property used as security for a debt. Generally, the new rules after January 1, 2015, apply. However, if the order of importance for the claims was already decided before that date, the old rules still apply.

The changes to this division made by the act adding this chapter determine the priority of conflicting claims to the collateral. However, if the relative priorities of the claims were established before those changes become effective and operative on January 1, 2015, this division as it existed before those changes become effective and operative determines priority.