This text of Indiana § 26-1-9.1-804 (Effectiveness of action taken before July 1, 2013) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The filing of a financing statement
before the amendments to this chapter made by P.L.54-2011 take effect
(July 1, 2013) is effective to perfect a security interest to the extent the
filing would satisfy the applicable requirements for perfection under
this chapter, as amended by P.L.54-2011.
(b)The amendments to this chapter made by P.L.54-2011 do not
render ineffective an effective financing statement that, before the
amendments to this chapter made by P.L.54-2011 take effect (July 1,
2013), is filed and satisfies the applicable requirements for perfection
under the law of the jurisdiction governing perfection provided in this
chapter as it existed before it was amended by P.L.54-2011. However,
except as otherwise provided in subsections (c) and (d) and IC 26-1-9.1-805, the financin
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(a) The filing of a financing statement
before the amendments to this chapter made by P.L.54-2011 take effect
(July 1, 2013) is effective to perfect a security interest to the extent the
filing would satisfy the applicable requirements for perfection under
this chapter, as amended by P.L.54-2011.
(b) The amendments to this chapter made by P.L.54-2011 do not
render ineffective an effective financing statement that, before the
amendments to this chapter made by P.L.54-2011 take effect (July 1,
2013), is filed and satisfies the applicable requirements for perfection
under the law of the jurisdiction governing perfection provided in this
chapter as it existed before it was amended by P.L.54-2011. However,
except as otherwise provided in subsections (c) and (d) and IC 26-1-9.1-805, 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 the
amendments to this chapter made by P.L.54-2011 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 the amendments to
this chapter made by P.L.54-2011 take effect (July 1, 2013) does not
continue the effectiveness of a financing statement filed before the
amendments to this chapter made by P.L.54-2011 take effect (July 1,
2013). However, upon the timely filing of a continuation statement
after the amendments to this chapter made by P.L.54-2011 take effect
(July 1, 2013) and in accordance with the law of the jurisdiction
governing perfection as provided in this chapter as amended by
P.L.54-2011, the effectiveness of a financing statement filed in the
same office in that jurisdiction before the amendments to this chapter
made by P.L.54-2011 take effect (July 1, 2013) continues for the period
provided by the law of that jurisdiction.
(d) Subsection (b)(2)(B) applies to a financing statement that, before
the amendments to this chapter made by P.L.54-2011 take effect (July
1, 2013), is filed against a transmitting utility and satisfies the
applicable requirements for perfection under the law of the jurisdiction
governing perfection as provided in this chapter as it existed before it
was amended by P.L.54-2011, only to the extent that this chapter, as
amended by P.L.54-2011, 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 the amendments to this chapter made by P.L.54-2011 take effect
(July 1, 2013) and a continuation statement filed after the amendments
to this chapter made by P.L.54-2011 take effect (July 1, 2013) is
effective only to the extent that it satisfies the requirements of IC 26-1-9.1-501 through IC 26-1-9.1-527, as amended by P.L.54-2011, 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 IC 26-1-9.1-503(a)(2), as amended by P.L.54-2011. 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 IC 26-1-9.1-503(a)(3) as amended by
P.L.54-2011.