(a)Except as otherwise provided in
subsections (b), (c), and (d), if the local law of this state governs
perfection of a security interest or agricultural lien, the office in which
to file a financing statement to perfect the security interest or
agricultural lien is:
(1)the office designated for the filing or recording of a record of
a mortgage on the related real property, if:
(A)the collateral is as-extracted collateral or timber to be cut;
or
(B)the financing statement is filed as a fixture filing and the
collateral is goods that are or are to become fixtures; or
(2)the office of the secretary of state, in all other cases, including
a case in which the collateral is goods that are or are to become
fixtures and the financing statement is not filed as a fixture filing.
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(a) Except as otherwise provided in
subsections (b), (c), and (d), if the local law of this state governs
perfection of a security interest or agricultural lien, the office in which
to file a financing statement to perfect the security interest or
agricultural lien is:
(1) the office designated for the filing or recording of a record of
a mortgage on the related real property, if:
(A) the collateral is as-extracted collateral or timber to be cut;
or
(B) the financing statement is filed as a fixture filing and the
collateral is goods that are or are to become fixtures; or
(2) the office of the secretary of state, in all other cases, including
a case in which the collateral is goods that are or are to become
fixtures and the financing statement is not filed as a fixture filing.
(b) The office in which to file a financing statement to perfect a
security interest in collateral, including fixtures, of a transmitting utility
is the office of the secretary of state. The financing statement also
constitutes a fixture filing as to the collateral indicated in the financing
statement which is or is to become fixtures.
(c) Before July 1, 2002, the requirements for perfection of an
agricultural lien are as prescribed in the statute establishing the
agricultural lien.
(d) Before July 1, 2002, the office in which to file a financing
statement to perfect a security interest in equipment used in a farming
operation, a farm product, or an account or a general intangible arising
from or relating to the sale of a farm product by a farmer is:
(1) the office of the county recorder in the county of the debtor's
principal residence, if the debtor is an individual with the debtor's
principal residence in Indiana;
(2) the office of the county recorder in the county of the debtor's
place of business, if the debtor is an organization with one (1)
place of business in Indiana;
(3) the office of the county recorder in the county of the debtor's
chief executive office, if the debtor is an organization with two (2)
or more places of business in Indiana and the debtor's chief
executive office is in Indiana; and
(4) the office of the county recorder in the county in which the
collateral is located, for equipment used in a farming operation or
farm product, or the office of the secretary of state, for an account
or a general intangible arising from or relating to the sale of a
farm product by a farmer, in all other cases.
(e) A financing statement filed under subsection (d) is effective for
five (5) years after the date the financing statement is filed.
(f) After June 30, 2001, and before July 1, 2002, a financing
statement filed under subsection (d) may be amended only by filing an
amendment in the same office of county recorder as the office in which
the financing statement being amended was filed.
(g) After June 30, 2002, a financing statement filed under
subsection (d) may be amended only if a replacement financing
statement is filed in the office of the secretary of state. The replacement
financing statement must:
(1) satisfy the requirements of IC 26-1-9.1 for an initial financing
statement;
(2) identify the earlier financing statement filed under subsection
(d) by:
(A) indicating the office in which the earlier financing
statement was filed; and
(B) providing the dates of filing and file numbers, if any, of:
(i) the earlier financing statement filed under subsection (d);
and
(ii) the most recent amendment filed with respect to the
financing statement filed under subsection (d); and
(3) indicate that the earlier financing statement filed under
subsection (d) remains effective.
(h) The filing of a replacement financing statement under subsection
(g) is effective as a continuation statement of the earlier financing
statement filed under subsection (d) if it is filed:
(1) after June 30, 2002; and
(2) before the lapse of the earlier financing statement filed under
subsection (d).
The filing of a replacement financing statement under subsection (g)
continues the effectiveness of the earlier financing statement filed
under subsection (d) for five (5) years after the date the replacement
financing statement is filed.
(i) After June 30, 2002, a financing statement filed under subsection
(d) may be terminated:
(1) by filing a termination statement in the office in which the
initial financing statement has been filed if no replacement
financing statement has been filed under subsection (g); or
(2) by filing a termination statement in the office of the secretary
of state if a replacement financing statement has been filed under
subsection (g).
(j) After June 30, 2002, a financing statement filed under subsection
(d) may be assigned only if:
(1) a replacement financing statement is filed under subsection
(g); and
(2) an assignment of record is filed that satisfies IC 26-1-9.1-514.
(k) After June 30, 2002, a financing statement filed under
subsection (c) may be amended (for purposes other than continuation,
termination, or assignment) only if:
(1) a replacement financing statement is filed under subsection
(g); and
(2) an amendment is filed that satisfies IC 26-1-9.1-512.