New Hampshire Revised Statutes 439:2 – Protection for Buyers of Farm Products
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I. A secured party may enforce a security interest in farm products against a buyer who, in the ordinary course of business, purchases farm products from, or a commission merchant or selling agent who, in the ordinary course of business, sells farm products for a person engaged in farming operations only where the buyer, commission merchant or selling agent has received from the secured party or seller written notice of the security interest which complies with the requirements of Section 1324 of the Food Security Act of 1985, as amended, or where the secured party has signed and filed with the secretary of state a form containing the following information:
(a) The name and address of the borrower.
(b) The borrower’s signature.
(c) The name and address of the secured party.
(d) The social security number of the borrower, or in the case of a borrower doing business other than as an individual, the borrower’s Internal Revenue Service taxpayer identification number.
(e) A description of the farm products subject to the security interest, including the amount of such products, where applicable.
(f) A reasonable description of the real estate, including the name of the county, where the farm products are located.
II. The form described in paragraph I shall be amended in writing, and similarly signed and filed, to reflect material changes within 3 months of such changes. The effectiveness and continuation or amendment of the form is to be treated as if it were a financing statement filed under N.H. Rev. Stat. § 382-A:9. The fee for filing and indexing the form described in paragraph I, or any continuation or amendment thereof, shall be in accordance with N.H. Rev. Stat. § 478:17-g.
(a) The name and address of the borrower.
Terms Used In New Hampshire Revised Statutes 439:2
- 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.
- farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) The borrower’s signature.
(c) The name and address of the secured party.
(d) The social security number of the borrower, or in the case of a borrower doing business other than as an individual, the borrower’s Internal Revenue Service taxpayer identification number.
(e) A description of the farm products subject to the security interest, including the amount of such products, where applicable.
(f) A reasonable description of the real estate, including the name of the county, where the farm products are located.
II. The form described in paragraph I shall be amended in writing, and similarly signed and filed, to reflect material changes within 3 months of such changes. The effectiveness and continuation or amendment of the form is to be treated as if it were a financing statement filed under N.H. Rev. Stat. § 382-A:9. The fee for filing and indexing the form described in paragraph I, or any continuation or amendment thereof, shall be in accordance with N.H. Rev. Stat. § 478:17-g.