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AR SB414
Bill
Status
4/10/2017
Primary Sponsor
Bart Hester
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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