§ 9-710 — Transitional Provision for Maintaining and Searching Local-Filing Office Records

New York § 9-710

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 7: Transition
• Art. 9: Secured Transactions

Text

Section 9--710. Transitional Provision for Maintaining and Searching\n Local-Filing Office Records.\n (a) In this Section:\n (1) "Local-filing office" means a filing office, other than the\n department of state, that is designated as the proper place\n to file a financing statement under Section 9-401 of Former\n Article 9. The term applies only with respect to a record\n that covers a type of collateral as to which the filing\n office is designated in that section as the proper place to\n file.\n (2) "Former-Article-9 records" means:\n (A) financing statements and other records that have been\n filed in a local-filing office before the effective date\n of this Article, and that are, or upon processing and\n indexing will be, reflected in the index maintained, as\n of the effective date of this Article, by the\n local-filing office for financing statements and other\n records filed in the local-filing office before the\n effective date of this Article, and\n (B) the index as of the day before the effective date of this\n Article.\n The term does not include records presented to a local-filing\n office for filing after the effective date of this\n Article, whether or not the records relate to financing\n statements filed in the local-filing office before the\n effective date of this Article.\n (3) "Cooperative interest", "mortgage", "as-extracted\n collateral", "fixture filing", "goods" and "fixtures" have\n the meanings set forth in this Article.\n (b) A local-filing office must not accept for filing a record\npresented on or after the effective date of this Article, whether or not\nthe record relates to a financing statement filed in the local-filing\noffice before the effective date of this Article.\n (c) Until at least seven years after the effective date of this\nArticle, each local-filing office shall maintain all former-Article-9\nrecords in accordance with Former Article 9. A former-Article-9 record\nthat is not reflected on the index maintained on the day before the\neffective date of this Article by the local-filing office must be\nprocessed and indexed as soon as practicable but in any event no later\nthan thirty days after the effective date of this Article.\n (d) Until at least seven years after the effective date of this\nArticle, each local-filing office shall respond to requests for\ninformation with respect to former-Article-9 records relating to a\ndebtor and issue certificates, in accordance with Former Article 9. The\nfees charged for responding to requests for information relating to a\ndebtor and issuing certificates with respect to former-Article-9 records\nshall be the fees in effect under Former Article 9 on the day before the\neffective date of this Article, unless a different fee is later\ndetermined in accordance with section ninety-six-a of the executive law.\n (e) Subsequent to seven years after the effective date of this\nArticle, each local-filing office may remove and destroy, in accordance\nwith any then applicable record retention law of this state, all\nformer-Article-9 records, including the related index.\n (f) This section shall not apply, with respect to financing statements\nand other records, to a filing office in which mortgages or records of\nmortgages on real property are required to be filed or recorded, if:\n (1) the collateral is timber to be cut or as-extracted\n collateral; or\n (2) the record is or relates to a financing statement filed as a\n fixture filing and the collateral is goods that are or are to\n become fixtures; or\n (3) the collateral is a cooperative interest.\n