30-9A-501. Filing office. (1) Except as otherwise provided in subsection (2), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:

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Terms Used In Montana Code 30-9A-501

  • Agricultural lien: means an interest, other than a security interest, in farm products:

    (i)that secures payment or performance of an obligation for:

    (A)goods or services furnished in connection with a debtor's farming operation; or

    (B)rent on real property leased by a debtor in connection with its farming operation;

    (ii)that is created by statute in favor of a person that:

    (A)in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor's farming operation; or

    (B)leased real property to a debtor in connection with the debtor's farming operation; and

    (iii)whose effectiveness does not depend on the person's possession of the personal property. See Montana Code 30-9A-102

  • As-extracted collateral: means :

    (i)oil, gas, or other minerals that are subject to a security interest that:

    (A)is created by a debtor having an interest in the minerals before extraction; and

    (B)attaches to the minerals as extracted; or

    (ii)accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. See Montana Code 30-9A-102

  • Collateral: means the property subject to a security interest or agricultural lien. See Montana Code 30-9A-102
  • Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Montana Code 30-9A-102
  • Fixture filing: means the filing of a financing statement covering goods that are or are to become fixtures and satisfying the requirements of 30-9A-502(1) and (2). See Montana Code 30-9A-102
  • Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Montana Code 30-9A-102
  • Goods: means all things that are movable when a security interest attaches. See Montana Code 30-9A-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 30-9A-102
  • Transmitting utility: means a person primarily engaged in the business of:

    (i)operating a railroad, subway, street railway, or trolley bus;

    (ii)transmitting electric or electronic communications;

    (iii)transmitting goods by pipeline or sewer; or

    (iv)transmitting or producing and transmitting electricity, steam, gas, or water. See Montana Code 30-9A-102

(a)the office designated for the filing or recording of a mortgage on the real property if:

(i)the collateral is as-extracted collateral or timber to be cut; or

(ii)the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or

(b)the office of secretary of state in all other cases, including if the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

(2)The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement that is or is to become fixtures.

(3)The office in which a financial institution is required to file an effective financing statement, as defined in 7 U.S.C. § 1631, is the office of the secretary of state.