§ 10:9-513 — Termination statement

Louisiana § 10:9-513

• Jurisdiction: Louisiana
• Title 10: Commercial Laws

Text

§9-513. Termination statement
(a) Consumer goods. A secured party shall cause the secured party of record for a
financing statement to file a termination statement for the financing statement if the financing
statement covers consumer goods and:
(1) there is no obligation secured by the collateral covered by the financing statement
and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) the debtor did not authorize the filing of the initial financing statement.
However, if the financing statement was filed in the filing office described in R.S. 10:9-501(a)(1), the secured party instead shall release the security interest in the manner provided
by R.S. 32:701 et seq. If the financing statement was filed in the filing office described in
R.S. 10:9-501(a)(3), the secured party instead shall release the security interest in the manner
provided by R.S. 34:852.1 et seq.
(b) Time for compliance with Subsection (a). To comply with Subsection (a) of this
Section, a secured party shall cause the secured party of record to file the termination
statement in the filing office where the financing statement was originally filed:
(1) within one month after there is no obligation secured by the collateral covered
by the financing statement and no commitment to make an advance, incur an obligation, or
otherwise give value; or
(2) if earlier, within twenty days after the secured party receives a signed demand
from a debtor.
(c) Other collateral. In cases not governed by Subsection (a) of this Section, within
twenty days after a secured party receives a signed demand from a debtor, the secured party
shall cause the secured party of record for a financing statement to send to the debtor a
termination statement for the financing statement or file the termination statement in the
filing office where the financing statement was originally filed if:
(1) except in the case of a financing statement covering accounts or chattel paper that
has been sold or goods that are the subject of a consignment, there is no obligation secured
by the collateral covered by the financing statement and no commitment to make an advance,
incur an obligation, or otherwise give value;
(2) the financing statement covers accounts or chattel paper that has been sold but
as to which the account debtor or other person obligated has discharged its obligation;
(3) the financing statement covers goods that were the subject of a consignment to
the debtor but are not in the debtor's possession; or
(4) the debtor did not authorize the filing of the initial financing statement.
(d) Effect of filing termination statement. Except as otherwise provided in R.S.
10:9-510, upon the filing of a termination statement with the filing office, the financing
statement to which the termination statement relates ceases to be effective. Except as
otherwise provided in R.S. 10:9-510, for purposes of R.S. 10:9-519(g), R.S. 10:9-522(a), and
R.S. 10:9-523(c), the filing with the filing office of a termination statement relating to a
financing statement that indicates that the debtor is a transmitting utility also causes the
effectiveness of the financing statement to lapse.

Legislative History

Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2004, No. 303, §2; Acts 2007, No. 319, §1, eff. July 1, 2008; Acts 2024, No. 773, §1.