N.Y. Uniform Commercial Code Law Section 9-710
Transitional Provision for Maintaining and Searching Local-Filing Office Records


Section 9--710. Transitional Provision for Maintaining and Searching Local-Filing Office Records.

(a)

In this Section:

(1)

“Local-filing office” means a filing office, other than the department of state, that is designated as the proper place to file a financing statement under Section 9-401 of Former Article 9. The term applies only with respect to a record that covers a type of collateral as to which the filing office is designated in that section as the proper place to file.

(2)

“Former-Article-9 records” means: (A) financing statements and other records that have been filed in a local-filing office before the effective date of this Article, and that are, or upon processing and indexing will be, reflected in the index maintained, as of the effective date of this Article, by the local-filing office for financing statements and other records filed in the local-filing office before the effective date of this Article, and (B) the index as of the day before the effective date of this Article. The term does not include records presented to a local-filing office for filing after the effective date of this Article, whether or not the records relate to financing statements filed in the local-filing office before the effective date of this Article.

(3)

“Cooperative interest”, “mortgage”, “as-extracted collateral”, “fixture filing”, “goods” and “fixtures” have the meanings set forth in this Article.

(b)

A local-filing office must not accept for filing a record presented on or after the effective date of this Article, whether or not the record relates to a financing statement filed in the local-filing office before the effective date of this Article.

(c)

Until at least seven years after the effective date of this Article, each local-filing office shall maintain all former-Article-9 records in accordance with Former Article 9. A former-Article-9 record that is not reflected on the index maintained on the day before the effective date of this Article by the local-filing office must be processed and indexed as soon as practicable but in any event no later than thirty days after the effective date of this Article.

(d)

Until at least seven years after the effective date of this Article, each local-filing office shall respond to requests for information with respect to former-Article-9 records relating to a debtor and issue certificates, in accordance with Former Article 9. The fees charged for responding to requests for information relating to a debtor and issuing certificates with respect to former-Article-9 records shall be the fees in effect under Former Article 9 on the day before the effective date of this Article, unless a different fee is later determined in accordance with Executive Law § 96-A (Fees for services rendered pursuant to the uniform commercial code)section ninety-six-a of the executive law.

(e)

Subsequent to seven years after the effective date of this Article, each local-filing office may remove and destroy, in accordance with any then applicable record retention law of this state, all former-Article-9 records, including the related index.

(f)

This section shall not apply, with respect to financing statements and other records, to a filing office in which mortgages or records of mortgages on real property are required to be filed or recorded, if:

(1)

the collateral is timber to be cut or as-extracted collateral; or

(2)

the record is or relates to a financing statement filed as a fixture filing and the collateral is goods that are or are to become fixtures; or

(3)

the collateral is a cooperative interest.

Source: Section 9-710 — Transitional Provision for Maintaining and Searching Local-Filing Office Records, https://www.­nysenate.­gov/legislation/laws/UCC/9-710 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 9-710’s source at nysenate​.gov

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