Legislation
SECTION 9-508
Effectiveness of Financing Statement If New Debtor Becomes Bound by Security Agreement
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 5, SUBPART 1
Section 9--508. Effectiveness of Financing Statement If New Debtor
Becomes Bound by Security Agreement.
(a) Financing statement naming original debtor. Except as otherwise
provided in this section, a filed financing statement naming an original
debtor is effective to perfect a security interest in collateral in
which a new debtor has or acquires rights to the extent that the
financing statement would have been effective had the original debtor
acquired rights in the collateral.
(b) Financing statement becoming seriously misleading. If the
difference between the name of the original debtor and that of the new
debtor causes a filed financing statement that is effective under
subsection (a) to be seriously misleading under Section 9--506:
(1) the financing statement is effective to perfect a security
interest in collateral acquired by the new debtor before, and
within four months after, the new debtor becomes bound under
Section 9--203(d); and
(2) the financing statement is not effective to perfect a
security interest in collateral acquired by the new debtor
more than four months after the new debtor becomes bound
under Section 9--203(d) unless an initial financing statement
providing the name of the new debtor is filed before the
expiration of that time.
(c) When section not applicable. This section does not apply to
collateral as to which a filed financing statement remains effective
against the new debtor under Section 9--507(a).
Becomes Bound by Security Agreement.
(a) Financing statement naming original debtor. Except as otherwise
provided in this section, a filed financing statement naming an original
debtor is effective to perfect a security interest in collateral in
which a new debtor has or acquires rights to the extent that the
financing statement would have been effective had the original debtor
acquired rights in the collateral.
(b) Financing statement becoming seriously misleading. If the
difference between the name of the original debtor and that of the new
debtor causes a filed financing statement that is effective under
subsection (a) to be seriously misleading under Section 9--506:
(1) the financing statement is effective to perfect a security
interest in collateral acquired by the new debtor before, and
within four months after, the new debtor becomes bound under
Section 9--203(d); and
(2) the financing statement is not effective to perfect a
security interest in collateral acquired by the new debtor
more than four months after the new debtor becomes bound
under Section 9--203(d) unless an initial financing statement
providing the name of the new debtor is filed before the
expiration of that time.
(c) When section not applicable. This section does not apply to
collateral as to which a filed financing statement remains effective
against the new debtor under Section 9--507(a).