TITLE 6A
Uniform Commercial Code

CHAPTER 6A-9
Secured Transactions

PART 6A-9-701
Transition

SECTION 6A-9-805


§ 6A-9-805 Effectiveness of action taken before effective date.

(a) Pre-effective-date filing effective. The filing of a financing statement before the amendatory act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter as amended by the amendatory act.

(b) When pre-effective-date filing becomes ineffective. The amendatory act does not render ineffective an effective financing statement that, before the amendatory act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before the amendatory act took effect. However, except as otherwise provided in subsections (c) and (d) and § 6A-9-806, the financing statement ceases to be effective:

(1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had the amendatory act not taken effect; or

(2) If the financing statement is filed in another jurisdiction, at the earlier of:

(i) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or

(ii) June 30, 2018.

(c) Continuation statement. The filing of a continuation statement after the amendatory act takes effect does not continue the effectiveness of a financing statement filed before the amendatory act takes effect. However, upon the timely filing of a continuation statement after the amendatory act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by the amendatory act, the effectiveness of a financing statement filed in the same office in that jurisdiction before the amendatory act takes effect continues for the period provided by the law of that jurisdiction.

(d) Application of subparagraph (b)(2)(ii) to transmitting utility financing statement. Subparagraph (b)(2)(ii) applies to a financing statement that, before the amendatory act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before the amendatory act took effect, only to the extent that this chapter as amended by the amendatory act provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

(e) Application of Part 5. A financing statement that includes a financing statement filed before the amendatory act takes effect and a continuation statement filed after the amendatory act takes effect is effective only to the extent that it satisfies the requirements of Part 5 of this chapter as amended by the amendatory act for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of subdivision 6A-9-503(a)(2) as amended by the amendatory act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of subdivision 6A-9-503(a)(3) as amended by the amendatory act.

History of Section.
(P.L. 2011, ch. 173, § 3; P.L. 2011, ch. 192, § 3; P.L. 2012, ch. 186, § 1; P.L. 2012, ch. 195, § 1.)