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Section: 400.009.0805 Effectiveness of action taken before effective date. RSMO 400.09-805


Published: 2015

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Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.09-804

Section 400.9-805.1

400.09-806→

August 28, 2015

Effectiveness of action taken before effective date.

400.9-805. (a) The filing of a financing statement before this act

takes effect is effective to perfect a security interest to the extent the

filing would satisfy the applicable requirements for perfection under

article 9 as amended by this act.



(b) This act does not render ineffective an effective financing

statement that, before this act takes effect, is filed and satisfies the

applicable requirements for perfection under the law of the jurisdiction

governing perfection as provided in article 9 as it existed before

amendment. However, except as otherwise provided in subsections (c) and

(d) and section 400.9-806, the financing statement ceases to be effective:



(1) If the financing statement is filed in this state, at the time

the financing statement would have ceased to be effective had this act not

taken effect; or



(2) If the financing statement is filed in another jurisdiction, at

the earlier of:



(A) The time the financing statement would have ceased to be

effective under the law of that jurisdiction; or



(B) August 27, 2018.



(c) The filing of a continuation statement after this act takes

effect does not continue the effectiveness of a financing statement filed

before this act takes effect. However, upon the timely filing of a

continuation statement after this act takes effect and in accordance with

the law of the jurisdiction governing perfection as provided in article 9

as amended by this act, the effectiveness of a financing statement filed in

the same office in that jurisdiction before this act takes effect continues

for the period provided by the law of that jurisdiction.



(d) Subsection (b)(2)(B) applies to a financing statement that,

before this act takes effect, is filed against a transmitting utility and

satisfies the applicable requirements for perfection under the law of the

jurisdiction governing perfection as provided in article 9 as it existed

before amendment, only to the extent that article 9 as amended by this act

provides that the law of a jurisdiction other than the jurisdiction in

which the financing statement is filed governs perfection of a security

interest in collateral covered by the financing statement.



(e) A financing statement that includes a financing statement filed

before this act takes effect and a continuation statement filed after this

act takes effect is effective only to the extent that it satisfies the

requirements of Part 5 as amended by this act for an initial financing

statement. A financing statement that indicates that the debtor is a

decedent's estate indicates that the collateral is being administered by a

personal representative within the meaning of section 400.9-503(a)(2) as

amended by this act. A financing statement that indicates that the debtor

is a trust or is a trustee acting with respect to property held in trust

indicates that the collateral is held in a trust within the meaning of

section 400.9-503(a)(3) as amended by this act.



(L. 2013 H.B. 212, A.L. 2014 H.B. 1376)





2013



2013



400.9-805. (a) The filing of a financing statement before this act

takes effect is effective to perfect a security interest to the extent the

filing would satisfy the applicable requirements for perfection under

article 9 as amended by this act.



(b) This act does not render ineffective an effective financing

statement that, before this act takes effect, is filed and satisfies the

applicable requirements for perfection under the law of the jurisdiction

governing perfection as provided in article 9 as it existed before

amendment. However, except as otherwise provided in subsections (c) and

(d) and section 400.9-806, the financing statement ceases to be effective:



(1) If the financing statement is filed in this state, at the time

the financing statement would have ceased to be effective had this act not

taken effect; or



(2) If the financing statement is filed in another jurisdiction, at

the earlier of:



(A) The time the financing statement would have ceased to be

effective under the law of that jurisdiction; or



(B) June 30, 2018.



(c) The filing of a continuation statement after this act takes

effect does not continue the effectiveness of a financing statement filed

before this act takes effect. However, upon the timely filing of a

continuation statement after this act takes effect and in accordance with

the law of the jurisdiction governing perfection as provided in article 9

as amended by this act, the effectiveness of a financing statement filed in

the same office in that jurisdiction before this act takes effect continues

for the period provided by the law of that jurisdiction.



(d) Subsection (b)(2)(B) applies to a financing statement that,

before this act takes effect, is filed against a transmitting utility and

satisfies the applicable requirements for perfection under the law of the

jurisdiction governing perfection as provided in article 9 as it existed

before amendment, only to the extent that article 9 as amended by this act

provides that the law of a jurisdiction other than the jurisdiction in

which the financing statement is filed governs perfection of a security

interest in collateral covered by the financing statement.



(e) A financing statement that includes a financing statement filed

before this act takes effect and a continuation statement filed after this

act takes effect is effective only to the extent that it satisfies the

requirements of Part 5 as amended by this act for an initial financing

statement. A financing statement that indicates that the debtor is a

decedent's estate indicates that the collateral is being administered by a

personal representative within the meaning of section 400.9-503(a)(2) as

amended by this act. A financing statement that indicates that the debtor

is a trust or is a trustee acting with respect to property held in trust

indicates that the collateral is held in a trust within the meaning of

section 400.9-503(a)(3) as amended by this act.



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