§9-1509. Persons entitled to file a record
(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:
(a). The debtor authorizes the filing in an authenticated record or pursuant to subsection
(2) or (3); or [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(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. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(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:
(a). The collateral described in the security agreement; and [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). Property that becomes collateral under section 9-1315, subsection (1), paragraph
(b), whether or not the security agreement expressly covers proceeds. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(3).
By acquiring collateral in which a security interest or agricultural lien continues
under section 9-1315, subsection 1, paragraph (a), a debtor authorizes the filing
of an initial financing statement, and an amendment, covering the collateral and property
that becomes collateral under section 9-1315, subsection (1), paragraph (b).
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(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:
(a). The secured party of record authorizes the filing; or [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(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 section 9-1513, subsection (1) or (3), the debtor authorizes the filing and the
termination statement indicates that the debtor authorized it to be filed. [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(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).
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
SECTION HISTORY
1999, c. 699, §A2 (NEW).
1999, c. 699, §A4 (AFF).