13 Guam Code Ann. § 9401
Terms Used In 13 Guam Code Ann. § 9401
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) The rules stated in Section 9103 determine whether filing is necessary in this territory.
§ 9401.5. [Amended and renumbered § 10105.]
§ 9402. Formal Requisites of Financing Statement; Amendments; Mortgage as Financing Statement:
(1) A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement should include the debtor’s trade name or style, if any, if known to the secured party, but a failure to include such trade name or style shall not under any circumstances affect the validity of the financing statement. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, the statement must also contain a description of the real estate concerned. When the financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subdivision (5) of Section 9103, the statement must also comply with subdivision (5). A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor. A certified copy of a financing statement or security
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agreement is sufficient as a financing statement if the original thereof was filed in this territory.
(2) A financing statement which otherwise complies with subdivision (1) is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this territory or when the debtor’s location is changed to this territory. Such a financing statement must state that the collateral was brought into this territory or that the debtor’s location was changed to this territory under such circum- stances; or
(b) Proceeds under Section 9306, if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral and give the date of filing and the file number of the prior financing statement; or
(c) Collateral as to which the filing has lapsed. Such a financing statement must include a statement to the effect that the prior financing statement has lapsed and give the date of filing and the file number of the prior financing statement; or
(d) Collateral acquired after a change of name, identity or corporate structure of the debtor (subdivision 6). Such a financing statement must include a statement that the name, identity or corporate structure of the debtor has been changed and give the date of filing and the file number of the prior financing statement and the name of the debtor as shown in the prior financing statement.
(3) A form substantially as follows is sufficient to comply with subdivision (1);
Name of debtor (or assignor) —————- Address ————————————- Name of secured party (or assignee) ——— Address ————————————- Debtor’s trade name or style, if any ——–
1. This financing statement covers the following types (or items) of property: (DESCRIBE) ———————————-
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2. (If collateral is crops) The above-described crops are growing or are to be grown on: (DESCRIBE REAL ESTATE) —–
3. (If products of collateral are claimed) products of the collateral are also covered.
(Use whichever is applicable)
—————————————— Signature of debtor (or assignor)
——————————————
Signature of secured party (or assignee)
*Where appropriate substitute either AThe above timber is standing on . .
.@ or AThe above mineral or the like (including oil and gas) or accounts
will be financed at the wellhead or minehead of the well or mine located on . . .@
(4) A financing statement may be amended by filing a writing signed by both the debtor and the secured party, or by the secured party alone in the case of an amendment pursuant to subdivision (6). An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this
division, unless the context otherwise requires, the term Afinancing
statement@ means the original financing statement and any amendments.
(5) A financing statement covering timber to be cut or covering minerals or the like (including oil and gas) or accounts subject to subdivision (5) of Section 9103, must show that it covers this type of collateral, must recite that it is to be recorded in the real estate records, and the financing statement must contain a description of the real estate sufficient if it were contained in a mortgage of the real estate to give constructive notice of the mortgage under the law of the territory. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner.
(6) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership or corporate name of the debtor, whether or not it adds other trade names or names of partners. Where the debtor so changes his name or in the case of an organization its name, identity or corporate structure that a filed financing statement becomes
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seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless a new appropriate financing statement or an appro- priate amendment to the filed financing statement is filed before the acquisition of the collateral by the debtor. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.
(7) A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.