Effect of Certain Events on Effectiveness of Financing Statement

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Secured Transactions
  5. Filing
  6. Effect of Certain Events on Effectiveness of Financing Statement

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  1. Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
  2. Information becoming seriously misleading. Except as otherwise provided in subsection (c) of this Code section and Code Section 11-9-508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under Code Section 11-9-506.
  3. Change in debtor's name. If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under subsection (a) of Code Section 11-9-503 so that the financing statement becomes seriously misleading under Code Section 11-9-506:
    1. The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the filed financing statement becomes seriously misleading; and
    2. The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the financing statement became seriously misleading.

(Code 1981, §11-9-507, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 12/SB 185.)

The 2013 amendment, effective July 1, 2013, in subsection (c), substituted "the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under subsection (a) of Code Section 11-9-503 so that the" for "a debtor so changes its name that a filed" at the beginning of the introductory language; substituted "filed financing statement becomes seriously misleading" for "change" in paragraphs (c)(1) and (c)(2); and substituted "financing statement became seriously misleading" for "change" at the end of paragraph (c)(2).

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-507.


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