§ 34-21-1101 — Definitions

Wyoming § 34-21-1101

• Jurisdiction: Wyoming
• Title 34: Property, Conveyances and Security Transactions
• Ch. 21: UNIFORM COMMERCIAL CODE
• Art. 11: CENTRAL FILING SYSTEM - AGRICULTURAL PRODUCTS

Text

(a) As used in this act:
(i) "Buyer in the ordinary course of business" means
a person who, in the ordinary course of business, buys farm
products from a person engaged in farming operations who is in
the business of selling farm products;
(ii) "Central filing system" means the system for
filing effective financing statements or notice of those
financing statements established under this act in response to
section 1324 of the Food Security Act of 1985, Public Law
99-198, 7 U.S.C. § 1631 (Supp. 1988);
(iii) "Commission merchant" means any person engaged
in the business of receiving any farm product for sale, on
commission or for or on behalf of another person;
(iv) "Debtor" means the person subjecting a farm
product to a security interest;
(v) "Effective financing statement" means a statement
that:
(A) Is signed, authorized or otherwise
authenticated by the secured party;
(B) Is filed by the secured party in the office
of the secretary of state;
(C) Is signed, authorized or otherwise
authenticated by the debtor;
(D) Contains:
(I) The name and address of the secured
party;
(II) The name and address of the debtor;
(III) An approved unique identification
number of the debtor;
(IV) A description of the farm products
subject to the security interest created by the debtor,
including the amount of such products where applicable;
(V) Each county in this state where the
debtor's farm product is used or produced or to be used or
produced;
(VI) Crop year, unless every crop of the
farm product in question is to be subject to the particular
security interest for the duration of the effective financing
statement;
(VII) Further details of the farm product
subject to the security interest if needed to distinguish it
from other quantities of the product owned by the same person
but not subject to the particular security interest; and
(VIII) Other information that the secretary
of state may require to comply with section 1324 of the Food
Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp.
1988), or to more efficiently carry out his duties under this
act.
(E) Shall be amended and filed, within three (3)
months to reflect material changes;
(F) Remains effective for a period of five (5)
years from the date of filing, subject to extensions for
additional periods of five (5) years each by refiling or filing
a continuation statement within six (6) months before the
expiration of the five (5) year period;
(G) Lapses on either the expiration of the
effective period of the statement or the filing of a notice
signed, authorized or otherwise authenticated by the secured
party that the statement is terminated, whichever occurs first;
(H) Is accompanied by the filing fee required
under this act; and
(J) Substantially complies with the requirements
of this paragraph even though it contains minor errors that are
not seriously misleading. An effective financing statement may,
for any given debtor or debtors, cover more than one (1) farm
product located in more than one (1) county. However, should
more than ten (10) products, counties or combinations thereof be
listed, an additional fee shall be charged.
(vi) "Farm product" means an agricultural commodity,
such as wheat, corn, soybeans or a species of livestock such as
cattle, hogs, sheep, horses or poultry used or produced in
farming operations, or a product of such crop or livestock in
its unmanufactured state, such as woolclip, milk or eggs that is
in the possession of a person engaged in farming operations;
(vii) "Knows" or "knowledge" means actual knowledge;
(viii) "Receipt of notice" of an existing security
interest means, for purposes of section 1324 of the Food
Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp.
1988), and for purposes of this act, the earlier of:
(A) The date notice is actually received by a
buyer in the ordinary course of business;
(B) The first day upon which delivery of the
notice is attempted by a carrier; or
(C) Five (5) days after the notice is mailed.
(ix) "Registrant" means any buyer of farm products,
commission merchant, selling agent or other person who registers
with the secretary of state to receive the master list;
(x) "Security interest" means an interest in farm
products that secures payment or performance of an obligation;
(xi) "Selling agent" means any person, other than a
commission merchant, who is engaged in the business of
negotiating the sale and purchase of any farm product on behalf
of a person engaged in farming operations;
(xii) "This act" means W.S. 34-21-1101 through