400.9-710. Local filing office to maintain former article 9 records. - Missouri Statutes

Local filing office to maintain former article 9 records.

400.9-710. (a) In this section:

(1) "Former article 9 records" means:

a. Financing statements and other records that have been filed in thelocal-filing office before July 1, 2001, and that are, or upon processingand indexing will be, reflected in the index maintained, as of July 1,2001, by the local-filing office for financing statements and other recordsfiled in the local-filing office before July 1, 2001; and

b. The index as of July 1, 2001.

The term does not include records presented to a local-filing office forfiling after July 1, 2001, whether or not the records relate to financingstatements filed in the local-filing office before July 1, 2001.

(2) "Local-filing office" means a filing office, other than theoffice of the secretary of state, that is designated as the proper place tofile a financing statement under 400.9-401 of former article 9. The termapplies only with respect to a record that covers a type of collateral asto which the filing office is designated in that section as the properplace to file.

(b) Except for a record terminating a former article 9 record, alocal filing office shall not accept a record presented after June 30,2001, whether or not the record relates to a financing statement filed inthe local filing office before July 1, 2001. If the record terminatingsuch former article 9 record is in the standard form prescribed by thesecretary of state, the uniform fee for filing and indexing the terminationstatement in the office of a county recorder shall be the same fee as setout in the former article 9 before the effective date of this act*.

(c) Until June 30, 2008, each local-filing office must maintain allformer article 9 records in accordance with former article 9. A formerarticle 9 record that is not reflected on the index maintained on July 1,2001, by the local-filing office must be processed and indexed, andreflected on the index as of July 1, 2001, as soon as practicable but inany event no later than thirty days after July 1, 2001.

(d) Until at least June 30, 2008, each local-filing office mustrespond to requests for information with respect to former article 9records relating to a debtor and issue certificates, in accordance withformer article 9. The fees charged for responding to requests forinformation relating to a debtor and issuing certificates with respect toformer article 9 records must be the fees in effect under former article 9on July 1, 2001.

(e) After June 30, 2008, each local-filing office may remove anddestroy, in accordance with any then applicable record retention law ofthis state, all former article 9 records, including the related index.

(f) This section does not apply, with respect to financing statementsand other records, to a filing office in which mortgages or records ofmortgages on real property are required to be filed or recorded, if:

(1) The collateral is timber to be cut or as-extracted collateral; or

(2) The record is or relates to a financing statement filed as afixture and the collateral is goods that are or are to become fixtures.

(L. 2001 S.B. 288, A.L. 2002 S.B. 895)

*"This act" (S.B. 895, 2002) contained numerous sections with multiple effective dates. Consult Disposition of Sections table for a definitive listing of sections. If the effective date was not 8-28-02, the section will note if the effective date was 1-01-03 or 7-01-03.