RS 3:3654 Central registry - Louisiana Statutes

§3654.  Central registry

A.  The secretary shall create a central registry within the department.

B.  The information in the central registry shall be public record.

C.  The secretary shall allow interested parties to obtain access to the computerized information within the central registry.  Such access shall be limited to the information required to be contained in the effective financing statement pursuant to R.S. 3:3654(E).

D.  Any filing officer shall issue an encumbrance certificate to any interested person who requests one and who pays the required fee.

NOTE:  Subsection E effective until approval by the U.S. Dept. of Agriculture of the amendments by Acts 2003, No. 1232, §1, and Acts 2004, No. 63, §1.

E.  Effective financing statements shall be subject to the following provisions.  Each effective financing statement shall:

(1)  Be an original or reproduced copy thereof.

(2)  Be signed and filed with the filing officer by the creditor.

(3)  Be signed by the debtor.

(4)  Contain:

(a)  The name and address of the creditor.

(b)  The name and address of the debtor.

(c)  The social security number of the debtor, or in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of the debtor.

(d)  A description of the farm products subject to the security interest created by the debtor, including the amount of such farm products and the  number of such movables to the extent applicable, if less than all of such farm products owned by the debtor are to be covered by the security interest.

(e)  A reasonable description of the property, including the farm name or its general location by section, township, and range, or otherwise, and the parish in which the property is located at the time the statement is signed by the debtor.

(5)  Be amended in writing, within three months, similarly signed and filed, to reflect material changes.

(6)  Remain effective for a period of five years from the date of filing, subject to extensions for additional periods of five years each by refiling or filing a continuation statement within six months before the expiration of the initial five-year period, or shall remain effective and may be extended as otherwise provided by the law regulating the creation of the security interest.

(7)  Expire on either the expiration of the effective period of the statement or the filing of a notice signed by the creditor that the statement has expired, whichever occurs first, or as otherwise provided by law regulating the expiration of the security interest.

(8)  Be accompanied by the filing fee as provided in R.S. 3:3657(A).

(9)  Substantially comply with the requirements of this Subsection even though it contains minor errors that are not seriously misleading.

NOTE:  Subsection E as amended by Acts 2003, No. 1232, §1, (Paragraphs (4) and (6) amended by Acts 2004, No. 63, §1), effective upon approval by the U.S. Dept. of Agriculture:

E.  Effective financing statements shall be subject to the following provisions.  Each effective financing statement shall:

(1)  Be an original or reproduced copy thereof.

(2)  Be filed with the filing officer by the creditor.

(3)  Contain:

(a)  The name and address of the creditor.

(b)  The name and address of the debtor.

(c)  The social security number of the debtor, or in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of the debtor.

(d)  A description of the farm products subject to the security interest created by the debtor, including the amount of such farm products and the  number of such movables to the extent applicable, if less than all of such farm products owned by the debtor are to be covered by the security interest.

(e)  A reasonable description of the property, including the farm name or its general location by section, township, and range, or otherwise, or alternatively, the Farm Service Agency of the United States Department of Agriculture (FSA) farm number.

(f)  The name of the parish or county in which the farm products are produced or located.

(4)  Be amended in writing, authorized, or otherwise authenticated by the debtor and filed, to reflect material changes.

(5)  Remain effective for a period of five years from the date of filing, subject to extensions for additional periods of five years each by refiling or filing a continuation statement within six months before the expiration of the initial five-year period, or shall remain effective and may be extended as otherwise provided by the law regulating the creation of the security interest.

(6)  Expire on either the expiration of the effective period of the statement or the filing of a notice authorized or otherwise authenticated by the creditor that the statement has expired, whichever occurs first, or as otherwise provided by law regulating the expiration of the security interest.

(7)  Be accompanied by the filing fee as provided in R.S. 3:3657(A).

(8)  Substantially comply with the requirements of this Subsection even though it contains minor errors that are not seriously misleading.

F.  Encumbrance certificates shall be subject to the following provisions.  Each encumbrance certificate shall:

(1)  List all filings in the central registry relating to a particular person at the time and date of issuance of the encumbrance certificate.

(2)  Contain the following information pertaining to each filing:

(a)  Debtor's name and address.

(b)  Secured party's name and address.

(c)  Description of farm product.

(d)  Date and time of filing.

(e)  Crop year.

(f)  Social security number or Internal Revenue Service taxpayer identification number of debtor.

(g)  Social security number or Internal Revenue Service taxpayer identification number of debtor.

(3)  Contain an encumbrance certificate number and date and time of issue.

G.  Each request for an encumbrance certificate shall be subject to the following provisions:

(1)  The request shall contain the name and address of the person making the request.

(2)  The request shall contain the name, address, and parish of residence of the person who is the subject of the request.

(3)  The request may contain the nickname, initials, or other appellation by which the person who is the subject of the request is sometimes or commonly known.

(4)  The request shall contain any other information that the secretary, by rule, may require.

Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1989, No. 548, §1, eff. Aug. 22, 1989; Acts 1990, No. 123, §1, eff. Jan. 1, 1991; Acts 1995, No. 1201, §1, eff. Jan. 1, 1996; Acts 2003, No. 1232, §1; Acts 2004, No. 63, §1.

NOTE:  Acts 2004, No. 63, §3, provides that the provisions of the Act will become  eff. upon the approval of the U.S. Dept. of Agriculture.