Arizona Laws 47-9307. Location of debtor; definition
A. In this section, "place of business" means a place where a debtor conducts its affairs.
Terms Used In Arizona Laws 47-9307
- Bank: means an organization that is engaged in the business of banking. See Arizona Laws 47-9102
- Collateral: means the property subject to a security interest or agricultural lien. See Arizona Laws 47-9102
- Debtor: means :
(a) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(b) A seller of accounts, chattel paper, payment intangibles or promissory notes; or
(c) A consignee. See Arizona Laws 47-9102
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Registered organization: means an organization formed or organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by or the enactment of legislation by the state or the United States. See Arizona Laws 47-9102
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 47-9102
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Except as otherwise provided in this section, the following rules determine a debtor’s location:
1. A debtor who is an individual is located at the individual’s principal residence.
2. A debtor that is an organization and has only one place of business is located at its place of business.
3. A debtor that is an organization and has more than one place of business is located at its chief executive office.
C. Subsection B applies only if a debtor’s residence, place of business or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection B does not apply, the debtor is located in the District of Columbia.
D. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections B and C.
E. A registered organization that is organized under the law of a state is located in that state.
F. Except as otherwise provided in subsection I, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:
1. In the state that the law of the United States designates, if the law designates a state of location;
2. In the state that the registered organization, branch or agency designates, if the law of the United States authorizes the registered organization, branch or agency to designate its state of location, including by designating its main office, home office or other comparable office; or
3. In the District of Columbia, if neither paragraph 1 nor paragraph 2 of this subsection applies.
G. A registered organization continues to be located in the jurisdiction specified by subsection E or F notwithstanding:
1. The suspension, revocation, forfeiture or lapse of the registered organization’s status as such in its jurisdiction of organization; or
2. The dissolution, winding up or cancellation of the existence of the registered organization.
H. The United States is located in the District of Columbia.
I. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.
J. A foreign air carrier under the federal aviation act of 1958, as amended, is located at the designated office of the agent on which service of process may be made on behalf of the carrier.
K. This section applies only for purposes of this article.