§ 9706. When initial financing statement suffices to continue effectiveness of financing statement.

433 words·~2 min read·/pa/title-13/chapter-97/9706

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Initial financing statement in lieu of continuation statement.-- The filing of an initial financing statement in the office specified in section 9501 of Revised Division 9 (relating to filing office) continues the effectiveness of a financing statement filed before Revised Division 9 takes effect if:

(1)the filing of an initial financing statement in that office would be effective to perfect a security interest under Revised Division 9;

(2)the pre-effective-date financing statement was filed in an office in another state or another office in this Commonwealth;

(3)the initial financing statement satisfies subsection (c); and

(4)with respect to a pre-effective-date financing statement which, but for section 9705(c)(2) (relating to effectiveness of action taken before effective date), would cease to be effective after June 30, 2006, the initial financing statement is filed:

(i)after December 29, 2005; and

(ii)before July 1, 2006.

(b)Period of continued effectiveness.-- The filing of an initial financing statement under subsection

(a)continues the effectiveness of the pre-effective-date financing statement:

(1)if the initial financing statement is filed before Revised Division 9 takes effect, for the period provided in section 9403 of Former Division 9 (relating to what constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer) with respect to a financing statement; and

(2)if the initial financing statement is filed after Revised Division 9 takes effect, for the period provided in section 9515 of Revised Division 9 (relating to duration and effectiveness of financing statement; effect of lapsed financing statement) with respect to an initial financing statement.

(c)Requirements for initial financing statement under subsection (a).-- To be effective for purposes of subsection (a), an initial financing statement must:

(1)satisfy the requirements of Chapter 95 of Revised Division 9 (relating to filing) for an initial financing statement;

(2)identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

(3)indicate that the pre-effective-date financing statement remains effective.

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(June 30, 2006, P.L.290, No.64, eff. imd.)

2006 Amendment. Act 64 amended subsec. (a). Section 2 of Act 64 provided that nothing in the amendment of subsec.

(a)shall render ineffective a continuation statement that was filed prior to the effective date of section 2.

Cross References. Section 9706 is referred to in sections 9702, 9705, 9707 of this title.

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