RSA 382-A:9-705 · Effectiveness of Action Taken Before Effective Date

382-A:9-705 Effectiveness of Action Taken Before Effective Date. – (a)Pre-effective-date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before this Act takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this Act takes effect, the action is effective to perfect a security interest that attaches under this Act within one year after this Act takes effect. An attached security interest becomes unperfected one year after this Act takes effect unless the security interest becomes a perfected security interest under this Act before the expiration of that period. (b)Pre-effective-date filing. The filing of a financing statement before this Act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this Act. (c)Pre-effective-date filing in jurisdiction formerly governing perfection. Except as provided in subsection (g), this Act does not render ineffective an effective financing statement that, before this Act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Section 9-103 of former Article 9. However, except as otherwise provided in subsections (d) and (e) and Section 9-706, the financing statement ceases to be effective at the earlier of:

Copy link

(1)

the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or

Copy link

(2)

June 30, 2006. (d)Continuation statement. The filing of a continuation statement after this Act takes effect does not continue the effectiveness of the financing statement filed before this Act takes effect. However, upon the timely filing of a continuation statement after this Act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before this Act takes effect continues for the period provided by the law of that jurisdiction. (e)Application of subsection (c)(2) to transmitting utility financing statement. Subsection (c)(2) applies to a financing statement that, before this 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 Section 9-103 of former Article 9 only to the extent that Part 3 provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. (f)Application of Part 5. A financing statement that includes a financing statement filed before this Act takes effect and a continuation statement filed after this Act takes effect is effective only to the extent that it satisfies the requirements of Part 5 for an initial financing statement. (g)Pre-effective-date dual filings. A financing statement filed before this Act takes effect in a municipal clerk's office pursuant to Section 9-401( 1)(c) of former Article 9 shall no longer be effective. The related financing statement filed in the office of the secretary of state shall remain effective, subject to subsection (c). Source. 2001, 102:25, eff. July 1, 2001.

Copy link