Terms Used In Louisiana Revised Statutes 10:9-707

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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 body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

(a)  [Reserved.]

(b)  Applicable law. On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(c)  Method of amending: general rule.  Except as otherwise provided in Subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended on or after July 1, 2001 only if:

(1)  the pre-effective-date financing statement and an amendment are filed in the office specified in La. Rev. Stat. 10:9-501;

(2)  an amendment is filed in the office specified in La. Rev. Stat. 10:9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies La. Rev. Stat. 10:9-706(c); or

(3)  an initial financing statement that provides the information as amended and satisfies La. Rev. Stat. 10:9-706(c) is filed in the office specified in La. Rev. Stat. 10:9-501.

(d)  Method of amending: continuation.  If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under La. Rev. Stat. 10:9-705(d) and (f) or 9-706.

(e)  Method of amending: additional termination rule.  Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated on or after July 1, 2001 by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies La. Rev. Stat. 10:9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.

Acts 2001, No. 128, §1, eff. July 1, 2001.