New York Uniform Commercial Code Law Section 9-509 - Persons Entitled to File a Record

Section 9--509. Persons Entitled to File a Record.

(a) Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:

(1) the debtor authorizes the filing in an authenticated record

or pursuant to subsection (b) or (c); or

(2) the person holds an agricultural lien that has become

effective at the time of filing and the financing statement

covers only collateral in which the person holds an

agricultural lien.

(b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

(1) the collateral described in the security agreement; and

(2) property that becomes collateral under Section 9--315(a)(2),

whether or not the security agreement expressly covers

proceeds.

(c) Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under Section 9--315(a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under Section 9--315(a)(2).

(d) Person entitled to file certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:

(1) the secured party of record authorizes the filing; or

(2) the amendment is a termination statement for a financing

statement as to which the secured party of record has failed

to file or send a termination statement as required by

Section 9--513(a) or (c), the debtor authorizes the filing,

and the termination statement indicates that the debtor

authorized it to be filed.

(e) Multiple secured parties of record. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).


Last modified: February 3, 2019