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RSA 382-A:9-605 · Unknown Debtor or Secondary Obligor

382-A:9-605 Unknown Debtor or Secondary Obligor. – (a)When no duty owed by secured party. Except as provided in subsection (b), a secured party does not owe a duty based on its status as secured party:

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(1)

to a person that is a debtor or obligor, unless the secured party knows:

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(A)

that the person is a debtor or obligor;

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(B)

the identity of the person; and

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(C)

how to communicate with the person; or

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(2)

to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

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(A)

that the person is a debtor; and

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(B)

the identity of the person. (b)Secured party owes duty to debtor or obligor. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:

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(1)

the person is a debtor or obligor; and

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(2)

the secured party knows that the information in subsection (a)(1)(A), (B), or (C) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded. Source. 2001, 102:25, eff. July 1, 2001. 2022, 281:76, eff. Jan. 1, 2023. 2023, 236:66, eff. Oct. 7, 2023.

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Source note

Source. 2001, 102:25, eff. July 1, 2001. 2022, 281:76, eff. Jan. 1, 2023. 2023, 236:66, eff. Oct. 7, 2023.

Source history

  • 2001, 102:25, eff. July 1, 2001
  • 2022, 281:76, eff. Jan. 1, 2023
  • 2023, 236:66, eff. Oct. 7, 2023

Related materials

Bill relationships

  • 2026 HB1066 reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1066-FN reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1748 reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 HB1748-FN reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 SB56 reference · effective 2031-07-01

    rfected from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under RSA 382-A or otherwise] A pledge of property, revenues, or other collateral by the authority to secure the payment of principal or redemption price of, or interest on, any bonds, or any reimbursement or similar agreement with any