New York Uniform Commercial Code Law Section 9-503 - Name of Debtor and Secured Party.

Section 9--503. Name of Debtor and Secured Party.

(a) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:

(1) except as otherwise provided in paragraph (3), 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 which

purports to state, amend, or restate the registered

organization's name;

(2) subject to subsection (f), 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

subparagraph (A)(i), indicates that the collateral is

held in a trust; or

(ii) if the name is provided in accordance with

subparagraph (A)(ii), 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), if the debtor is an individual to

whom this State has issued a driver's license or non-driver

photo identification card that has not expired, only if the

financing statement provides the name of the individual which

is indicated on the driver's license or non-driver photo

identification card;

(5) if the debtor is an individual to whom paragraph (4) 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) Additional debtor-related information. A financing statement that provides the name of the debtor in accordance with subsection (a) 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)(6)(B), names of

partners, members, associates, or other persons comprising

the debtor.

(c) Debtor's trade name insufficient. A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.

(d) Representative capacity. 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) Multiple debtors and secured parties. A financing statement may provide the name of more than one debtor and the name of more than one secured party.

(f) Name of decedent. 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)(2).

(g) Multiple driver's licenses. If this State has issued to an individual more than one driver's license or non-driver photo identification card of a kind described in subsection (a)(4), the one that was issued most recently is the one to which subsection (a)(4) refers.

(h) Definition. In this section, the "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 which 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.


Last modified: February 3, 2019