§ 25-9-210. Request for accounting; request regarding list of collateral or statement of account. - North Carolina Statutes

§25‑9‑210.  Request for accounting; request regarding list ofcollateral or statement of account.

(a)        Definitions. – Inthis section:

(1)        "Request"means a record of a type described in subdivision (2), (3), or (4) of thissubsection.

(2)        "Request for anaccounting" means a record authenticated by a debtor requesting that therecipient provide an accounting of the unpaid obligations secured by collateraland reasonably identifying the transaction or relationship that is the subjectof the request.

(3)        "Requestregarding a list of collateral" means a record authenticated by a debtorrequesting that the recipient approve or correct a list of what the debtorbelieves to be the collateral securing an obligation and reasonably identifyingthe transaction or relationship that is the subject of the request.

(4)        "Requestregarding a statement of account" means a record authenticated by a debtorrequesting that the recipient approve or correct a statement indicating whatthe debtor believes to be the aggregate amount of unpaid obligations secured bycollateral as of a specified date and reasonably identifying the transaction orrelationship that is the subject of the request.

(b)        Duty to respond torequests. – Subject to subsections (c), (d), (e), and (f) of this section, asecured party, other than a buyer of accounts, chattel paper, paymentintangibles, or promissory notes or a consignor, shall comply with a requestwithin 14 days after receipt:

(1)        In the case of arequest for an accounting, by authenticating and sending to the debtor anaccounting; and

(2)        In the case of arequest regarding a list of collateral or a request regarding a statement ofaccount, by authenticating and sending to the debtor an approval or correction.

(c)        Request regardinglist of collateral; statement concerning type of collateral. – A secured partythat claims a security interest in all of a particular type of collateral ownedby the debtor may comply with a request regarding a list of collateral bysending to the debtor an authenticated record including a statement to thateffect within 14 days after receipt.

(d)        Request regardinglist of collateral; no interest claimed. – A person that receives a requestregarding a list of collateral, claims no interest in the collateral when itreceives the request, and claimed an interest in the collateral at an earliertime shall comply with the request within 14 days after receipt by sending tothe debtor an authenticated record:

(1)        Disclaiming anyinterest in the collateral; and

(2)        If known to the recipient,providing the name and mailing address of any assignee of or successor to therecipient's interest in the collateral.

(e)        Request foraccounting or regarding statement of account; no interest in obligationclaimed. – A person that receives a request for an accounting or a requestregarding a statement of account, claims no interest in the obligations when itreceives the request, and claimed an interest in the obligations at an earliertime shall comply with the request within 14 days after receipt by sending tothe debtor an authenticated record:

(1)        Disclaiming anyinterest in the obligations; and

(2)        If known to therecipient, providing the name and mailing address of any assignee of orsuccessor to the recipient's interest in the obligations.

(f)         Charges forresponses. – A debtor is entitled without charge to one response to a requestunder this section during any six‑month period. The secured party mayrequire payment of a charge not exceeding twenty‑five dollars ($25.00)for each additional response. (2000‑169, s. 1.)