§9-1509. Persons entitled to file a record
511 words·~2 min read·
/me/title-11-uniform-commercial-code/9-1509·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1). A person may file an initial financing statement, amendment that adds collateral covered by a financing statement or amendment that adds a debtor to a financing statement only if:
(a). The debtor authorizes the filing in a signed record or pursuant to subsection
(2)or
(3); or [PL 2023, c. 669, Pt. A, §139 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]
(b). The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF); PL 2023, c. 669, Pt. A, §139 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]
(2). By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(a). The collateral described in the security agreement; and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Property that becomes collateral under section 9‑1315, subsection (1), paragraph
(b), whether or not the security agreement expressly covers proceeds. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 2023, c. 669, Pt. A, §140 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]
(3). By acquiring collateral in which a security interest or agricultural lien continues under section 9‑1315, subsection 1, paragraph
(a), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under section 9‑1315, subsection (1), paragraph
(b).
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4). A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(a). The secured party of record authorizes the filing; or [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by section 9‑1513, subsection
(1)or
(3), the debtor authorizes the filing and the termination statement indicates that the debtor authorized it to be filed. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5). If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection
(4).
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]