Louisiana Revised Statutes 10:9-807 – Amendment of pre-effective-date financing statement
Terms Used In Louisiana Revised Statutes 10:9-807
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
(a) “Pre-effective-date financing statement”. In this Section and in La. Rev. Stat. 10:9-806, “pre-effective-date financing statement” means a financing statement filed before the Act takes effect.
(b) Applicable law. After the Act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Chapter 9 as amended by the Act; however, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: general rule. Except as otherwise provided in Subsection (d) of this Section, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after the Act takes effect only if:
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in La. Rev. Stat. 10:9-501;
(2) an amendment is filed in the office specified in La. Rev. Stat. 10:9-512(a) concurrently with, or after the filing in that office of, an initial financing statement that satisfies La. Rev. Stat. 10:9-806(c); or
(3) an initial financing statement that provides the information as amended and satisfies La. Rev. Stat. 10:9-806(c) is filed in the office specified in La. Rev. Stat. 10:9-501.
(d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under La. Rev. Stat. 10:9-805(c) and (e) or 9-806.
(e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after the Act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies La. Rev. Stat. 10:9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Chapter 9 as amended by the Act as the office in which to file a financing statement.
Acts 2012, No. 450, §2, eff. July 1, 2013.