Arizona Laws 47-9503. Name of debtor and secured party; definition
A. A financing statement sufficiently provides the name of the debtor:
Terms Used In Arizona Laws 47-9503
- 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
- Decedent: A deceased person.
- Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Arizona Laws 47-9102
- 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.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Public organic record: means a record that is available to the public for inspection and that is:
(a) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States that amends or restates the initial record;
(b) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state that amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or
(c) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States that forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States that amends or restates the name of the organization. See Arizona Laws 47-9102
- 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
- Secured party: means :
(a) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
(b) A person that holds an agricultural lien;
(c) A consignor;
(d) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;
(e) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or
(f) A person that holds a security interest arising under section 47-2401, 47-2505, 47-2711, 47-2A508, 47-4210 or 47-5118. See Arizona Laws 47-9102
- 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
- Testator: A male person who leaves a will at death.
1. Except as otherwise provided in paragraph 3 of this subsection, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization’s name on the public organic record most recently filed with or issued or enacted by the registered organization’s jurisdiction of organization that purports to state, amend or restate the registered organization’s name;
2. Subject to subsection F of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative;
3. If the collateral is held in a trust that is not a registered organization, only if the financing statement:
(a) Provides, as the name of the debtor:
(i) If the organic record of the trust specifies a name for the trust, the name specified; or
(ii) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
(b) In a separate part of the financing statement:
(i) If the name is provided in accordance with subdivision (a), item (i) of this paragraph, indicates that the collateral is held in a trust; or
(ii) If the name is provided in accordance with subdivision (a), item (ii) of this paragraph, provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
4. Subject to subsection G of this section, if the debtor is an individual to whom this state has issued a driver license that has not expired, only if the financing statement provides the name of the individual that is indicated on the driver license;
5. If the debtor is an individual to whom paragraph 4 of this subsection does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
6. In other cases:
(a) If the debtor has a name, only if the financing statement provides the organizational name of the debtor; and
(b) If the debtor does not have a name, only if it provides the names of the partners, members, associates or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
B. A financing statement that provides the name of the debtor in accordance with subsection A of this section is not rendered ineffective by the absence of:
1. A trade name or other name of the debtor; or
2. Unless required under subsection A, paragraph 6, subdivision (b) of this section, names of partners, members, associates or other persons comprising the debtor.
C. A financing statement that provides only the debtor’s trade name does not sufficiently provide the name of the debtor.
D. Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
E. A financing statement may provide the name of more than one debtor and the name of more than one secured party.
F. The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under subsection A, paragraph 2 of this section.
G. If this state has issued to an individual more than one driver license of a kind described in subsection A, paragraph 4 of this section, the one that was issued most recently is the one to which subsection A, paragraph 4 of this section refers.
H. In this section, "name of the settlor or testator" means:
1. If the settlor is a registered organization, the name that is stated to be the settlor’s name on the public organic record most recently filed with or issued or enacted by the settlor’s jurisdiction of organization that purports to state, amend or restate the settlor’s name; or
2. In other cases, the name of the settlor or testator indicated in the trust’s organic record.