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AR SB414

Bill

Status

Passed

4/10/2017

Primary Sponsor

Bart Hester

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Origin

Senate

91st General Assembly (2017 Regular)

AI Summary

  • Amends Arkansas Code § 4-9-510(a) to specify that filed records are effective only if filed by an authorized person under § 4-9-509 or by the filing office under § 4-9-529.

  • Creates new Arkansas Code § 4-9-529 allowing individuals or organization representatives to file a notarized affidavit claiming a financing statement was filed without authorization, with exceptions for statements filed by banks or agricultural credit lenders.

  • Filing office may file a termination statement within 30 days of receiving an affidavit challenging a financing statement's validity, with notice sent by certified mail to secured parties of record.

  • Secured parties have 20 days to bring an expedited court action to challenge the termination and prove the financing statement was properly filed; court orders can prevent or reinstate termination statements.

  • Terminated financing statements can be retroactively reinstated if court determines the filing was authorized, except against good-faith purchasers who gave new value relying on the termination; no fees charged for filing affidavits or termination statements.

Legislative Description

To Amend The Uniform Commercial Code To Prevent Fraudulent Lien Filings.

Last Action

Notification that SB414 is now Act 1114

4/10/2017

Committee Referrals

Judiciary3/27/2017
Judiciary2/21/2017

Full Bill Text

No bill text available