Utah Code 70A-9a-509. Persons entitled to file a record
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(1) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
Terms Used In Utah Code 70A-9a-509
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) the debtor authorizes the filing in an authenticated record or pursuant to Subsection(2) or(3) ; or(1)(b) the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(2) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(2)(a) the collateral described in the security agreement; and
(2)(b) property that becomes collateral under Subsection 70A-9a-315(1)(b) , whether or not the security agreement expressly covers proceeds.
(3) By acquiring collateral in which a security interest or agricultural lien continues under Subsection 70A-9a-315(1)(a) , a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under Subsection 70A-9a-315(1)(b) .
(4) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(4)(a) the secured party of record authorizes the filing; or
(4)(b) the amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by Subsection 70A-9a-513(1) or (3) , the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(5) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under Subsection (4) .