Louisiana Revised Statutes 3:3654 – Central registry
Terms Used In Louisiana Revised Statutes 3:3654
- Central registry: means the master index maintained by the secretary as provided by this Chapter, reflecting information contained in all effective financing statements, and statements evidencing assignments, amendments, extensions, and cancellations thereof. See Louisiana Revised Statutes 3:3652
- Creditor: means any person who holds a security interest in a farm product. See Louisiana Revised Statutes 3:3652
- Debtor: means any person who owns or has an ownership interest in farm products which are subject to a security interest of creditors. See Louisiana Revised Statutes 3:3652
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- Effective financing statement: means a written instrument which is an abstract of a security device and which complies with the provisions of La. See Louisiana Revised Statutes 3:3652
- Encumbrance: means any lien, privilege, judgment, mortgage, pledge, pawn, claim, charge, or any other encumbrance of like nature. See Louisiana Revised Statutes 3:1
- Encumbrance certificate: means a written document which lists all effective financing statements affecting a person which have been filed with the filing officer and containing the information required by this Chapter to be transmitted to the secretary for inclusion in the central registry on the date and at the time the certificate is issued and which complies with the provisions of La. See Louisiana Revised Statutes 3:3652
- Farm product: means any type of crop whether growing or to be grown, and whether harvested or unharvested, or any species of livestock, or any type of agricultural commodity or product raised or cultivated of every type and description, including but not limited to cattle, hogs, sheep, horses, bees, rabbits, or poultry, and oysters, crabs, prawns, shrimp, alligators, turtles, and fish raised, produced, cultivated, harvested, or gathered on any beds of bodies of water, whether owned, leased, or licensed by the debtor, grains, beans, vegetables, grasses, legumes, melons, tobacco, cotton, flowers, shrubberies, plants and fruits, nuts and berries, and other similar products whether of trees or other sources, or if they are a product of such crop or livestock in its unmanufactured state, such as seed, ginned cotton, wool-clip, honey, syrup, meat, milk, eggs, and cut, harvested, or standing timber, or supplies used or produced in farming operations, and if they are in the possession, including civil possession as defined in Civil Code Articles 3421 and 3431, of a debtor engaged in planting, producing, raising, cultivating, harvesting, gathering, fattening, grazing, or other farming operations. See Louisiana Revised Statutes 3:3652
- Filing officer: means the clerk of court of any parish. See Louisiana Revised Statutes 3:3652
- Person: means any individual, partnership, corporation, trust, or other business entity. See Louisiana Revised Statutes 3:3652
- Secretary: means the secretary of state of the state of Louisiana, or his duly authorized agent. See Louisiana Revised Statutes 3:3652
- Security interest: means an interest in or encumbrance upon farm products that secures payment or performance of an obligation. See Louisiana Revised Statutes 3:3652
A. The secretary shall create a central registry within the department.
B. The information in the central registry shall be public record.
C. The secretary shall allow interested parties to obtain access to the computerized information within the central registry. Such access shall be limited to the information required to be contained in the effective financing statement pursuant to La. Rev. Stat. 3:3654(E).
D. Any filing officer shall issue an encumbrance certificate to any interested person who requests one and who pays the required fee.
E. Effective financing statements shall be subject to the following provisions. Each effective financing statement shall:
(1) Be an original or reproduced copy thereof.
(2) Be filed with the filing officer by the creditor.
(3) Contain:
(a) The name and address of the creditor.
(b) The name and address of the debtor.
(c) The social security number of the debtor, or in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of the debtor.
(d) A description of the farm products subject to the security interest created by the debtor, including the amount of such farm products and the number of such movables to the extent applicable, if less than all of such farm products owned by the debtor are to be covered by the security interest.
(e) A reasonable description of the property, including the farm name or its general location by section, township, and range, or otherwise, or alternatively, the Farm Service Agency of the United States Department of Agriculture (FSA) farm number.
(f) The name of the parish or county in which the farm products are produced or located.
(4) Be amended in writing, authorized, or otherwise authenticated by the debtor and filed, to reflect material changes.
(5) Remain effective for a period of five years from the date of filing, subject to extensions for additional periods of five years each by refiling or filing a continuation statement within six months before the expiration of the initial five-year period, or shall remain effective and may be extended as otherwise provided by the law regulating the creation of the security interest.
(6) Expire on either the expiration of the effective period of the statement or the filing of a notice authorized or otherwise authenticated by the creditor that the statement has expired, whichever occurs first, or as otherwise provided by law regulating the expiration of the security interest.
(7) Be accompanied by the filing fee as provided in La. Rev. Stat. 3:3657(A).
(8) Substantially comply with the requirements of this Subsection even though it contains minor errors that are not seriously misleading.
F. Encumbrance certificates shall be subject to the following provisions. Each encumbrance certificate shall:
(1) List all filings in the central registry relating to a particular person at the time and date of issuance of the encumbrance certificate.
(2) Contain the following information pertaining to each filing:
(a) Debtor’s name and address.
(b) Secured party’s name and address.
(c) Description of farm product.
(d) Date and time of filing.
(e) Crop year.
(f) Social security number or Internal Revenue Service taxpayer identification number of debtor.
(g) Social security number or Internal Revenue Service taxpayer identification number of debtor.
(3) Contain an encumbrance certificate number and date and time of issue.
G. Each request for an encumbrance certificate shall be subject to the following provisions:
(1) The request shall contain the name and address of the person making the request.
(2) The request shall contain the name, address, and parish of residence of the person who is the subject of the request.
(3) The request may contain the nickname, initials, or other appellation by which the person who is the subject of the request is sometimes or commonly known.
(4) The request shall contain any other information that the secretary, by rule, may require.
Acts 1987, No. 451, §1, eff. Oct. 1, 1987; Acts 1989, No. 548, §1, eff. Aug. 22, 1989; Acts 1990, No. 123, §1, eff. Jan. 1, 1991; Acts 1995, No. 1201, §1, eff. Jan. 1, 1996; Acts 2003, No. 1232, §1; Acts 2004, No. 63, §1 and 3, eff. Feb. 13, 2006.