RSA 382-A:9-513 · Termination Statement

382-A:9-513 Termination Statement. – (a)Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:

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(1)

there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or

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(2)

the debtor did not authorize the filing of the initial financing statement. (b)Time for compliance with subsection (a). To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:

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(1)

within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or

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(2)

if earlier, within 20 days after the secured party receives a signed demand from a debtor. (c)Other collateral. In cases not governed by subsection (a), within 20 days after a secured party receives a signed demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:

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(1)

except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;

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(2)

the financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;

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(3)

the financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or

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(4)

the debtor did not authorize the filing of the initial financing statement. (d)Effect of filing termination statement. Except as otherwise provided in Section 9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in Section 9-510, for purposes of Sections 9-519(g), 9-522(a), and 9-523(c), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse. (e)Deemed receipt by secured party. A secured party shall be deemed to have received an authenticated demand from a debtor pursuant to subsection (b)(2) or subsection (c) if the demand is sent to the record address of the secured party of record by certified mail, return receipt requested, and is returned to the debtor as undeliverable. The date of the last attempted delivery shall be deemed to have been the date of receipt by the secured party. Source. 2001, 102:25, eff. July 1, 2001. 2023, 236:64, 65, eff. Oct. 7, 2023.

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