Rhode Island General Laws 42-116-18. Lien status – Recording
(a) Notwithstanding any provision of any other law, including the Uniform Commercial Code, title 6A of the general laws:
(1) Any pledge or assignment of revenues of any kind, funds, loan agreements, property, or assets made pursuant to the provisions of this chapter by the corporation is valid and binding against all parties having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice of these claims, and is deemed continuously perfected from the time it is made;
(2) No filing of any kind with respect to the pledge or assignment need be made under the Uniform Commercial Code, title 6A of the general laws, as amended, or otherwise;
(3) Unless otherwise provided in the loan agreement, a pledge of revenues of any kind is deemed to include a pledge of any accounts or general intangibles from which the pledged revenues are derived, whether existing at the time of the pledge or thereafter coming into existence and whether held at the time of the pledge or thereafter acquired by the corporation and the proceeds of the accounts or general intangibles; and
(4) The pledge of revenues of any kind, accounts, and general intangibles is subject to the lien of the pledge without delivery or segregation and the lien of the pledge is valid and binding against all parties having claims of contract or tort or otherwise against the corporation.
Terms Used In Rhode Island General Laws 42-116-18
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Rhode Island depositors economic protection corporation. See Rhode Island General Laws 42-116-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Revenues: means when used with reference to the corporation, any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including without limitation loan repayments, grants, aid, appropriations and other assistance from the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation. See Rhode Island General Laws 42-116-3
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(b) A pledge of revenues of any kind under this chapter constitutes a sufficient appropriation of revenues for the purposes of any provision for appropriation and the revenues may be applied as required by the pledge without further appropriation.
(c) For the purposes of this section the word “pledge” is construed to include the grant of a security interest under the Uniform Commercial Code, title 6A of the general laws.
History of Section.
P.L. 1991, ch. 3, § 4.