Filing Under Revised Article 9:
The New Law At a Glance
Effective Date:
July 1, 2001
The Law in Alaska:
The new UCC statutes appear in AS 45.29. .
Central Filing:
All new UCC filings will be centrally filed. Exception: filings pertaining to
fixtures, timber to be cut and as extracted collateral will continue to be recorded
in the local recording districts.
Standard Forms:
Alaska State Statutes require use of the national standard forms for all UCC filings after January 1, 2002.
No Signatures Required:
Signatures are no longer required on UCC filings in Alaska.
Debtor Name:
UCC filings must indicate whether the debtor is an individual or an organization.
The burden is on the secured party to ensure that the debtor's full legal name
is shown on the filing. INCORRECT DEBTOR NAME ON A FILING MAY HAVE IMPORTANT
ADVERSE LEGAL CONSEQUENCES.
Place of Filing:
If the debtor is an INDIVIDUAL, a new UCC financing statement is to be filed
with the CENTRAL FILING OFFICE in the state of debtor's legal residence (unless
the filing is a fixture statement which should be filed in the local recording
office where the property is located). If the debtor is a REGISTERED ORGANIZATION,
a new UCC filing is to be filed in the state where the debtor was organized.
(Example: If debtor is a corporation organized in Delaware, but registered to
do business in Alaska, and the non-fixture collateral exists in multiple recording
districts throughout Alaska, the proper place of filing - and the ONLY place
of filing - would be in Delaware's central filing office.) NOTE: There are specific
transition rules related to amendments of existing UCC filings in the local
recording offices. There are also specific problems that can occur in multi-state
transactions if all of the affected jurisdictions have not yet enacted the Revised
Article 9. Consult your legal counsel when dealing with these complicated types
of filings.
FILING OFFICES CANNOT GIVE LEGAL ADVICE. THE NEW UCC LAWS ARE VERY COMPLEX
AND EVEN MINOR TYPOGRAPHICAL ERRORS ON YOUR FILING MAY HAVE IMPORTANT LEGAL
CONSEQUENCES. IF YOU HAVE QUESTIONS, CONSULT YOUR LEGAL COUNSEL. THE FILING
OFFICE HAS NO RESPONSIBILITY FOR DETERMINING THE ACCURACY OF INFORMATION ON
YOUR UCC FILINGS.
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