4-9-528. Refiling required.
368 words·~2 min read·
/co/title-4-uniform-commercial-code/article-9-secured-transactions/4-9-528·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The effectiveness of a financing statement that was filed before July 1, 1996, and that has not otherwise lapsed by December 31, 1997, shall lapse in the manner provided in section 4-9-403
(2)of former article 9 of this title on December 31, 1997, unless a continuation statement was filed on or after July 1, 1996, but on or before December 31, 1997, that identified the original statement by filing office, file number, and date of filing and contains a statement indicating the types or describing the items of collateral indicated in the financing statement. If a continuation statement was filed in accordance with this paragraph (1), the effectiveness of the original financing statement is continued for five years after the last date to which the filing would otherwise have been effective, whereupon it lapses in
the manner provided in section 4-9-515 unless another continuation statement is filed pursuant to section 4-9-515 prior to such lapse.
(2)No continuation statement filed pursuant to this subsection
(a)on or after July 1, 1996, shall be ineffective solely because it:
(A)Failed to identify the original statement by county, if the filing office was the office of the secretary of state and the statement so stated, or by time of filing;
(B)Indicated the types or described the items of the collateral indicated in the financing statement instead of listing the collateral of the original filing; or
(C)Failed to include a statement that the original financing statement is still effective.
(b)For purposes of the refiling provisions of this section only, a continuation statement does not have to be filed during the period beginning July 1, 1996, to December 31, 1997, when the only collateral on a financing statement is timber to be cut; minerals or other substances of value which may be extracted from the earth; fixtures; a mortgage or deed of trust effective as a fixture filing; collateral, including fixtures, of a transmitting utility; or accounts subject to section 4-9-103
(5)of former article 9 of this title.
(c)References in this section to "former article 9 of this title" are to article 9 of this title as in effect immediately before July 1, 2001.