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RSA 382-A:9-611 · Notification Before Disposition of Collateral

Title
XXXIV-A: UNIFORM COMMERCIAL CODE
Chapter
382-A · UNIFORM COMMERCIAL CODE
Status
current
Official source linked
Yes
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382-A:9-611 Notification Before Disposition of Collateral. – (a)"Notification date." In this section, "notification date" means the earlier of the date on which:

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(1)

a secured party sends to the debtor and any secondary obligor a signed notification of disposition; or

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(2)

the debtor and any secondary obligor waive the right to notification. (b)Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under Section 9-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition. (c)Persons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:

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(1)

the debtor;

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(2)

any secondary obligor; and

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(3)

if the collateral is other than consumer goods:

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(A)

any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;

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(B)

any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

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(i)

identified the collateral;

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(ii)

was indexed under the debtor's name as of that date; and

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(iii)

was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and

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(C)

any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9-311(a). (d)Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. (e)Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:

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(1)

not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and

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(2)

before the notification date, the secured party:

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(A)

did not receive a response to the request for information; or

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(B)

received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. Source. 2001, 102:25, eff. July 1, 2001. 2022, 281:77, eff. Jan. 1, 2023. 2023, 236:68, eff. Oct. 7, 2023.

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Source note

Source. 2001, 102:25, eff. July 1, 2001. 2022, 281:77, eff. Jan. 1, 2023. 2023, 236:68, eff. Oct. 7, 2023.

Source history

  • 2001, 102:25, eff. July 1, 2001
  • 2022, 281:77, eff. Jan. 1, 2023
  • 2023, 236:68, 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

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