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§12A-9-307.
§12A-9-307.
(1) A buyer in the ordinary course of business other than a person
buying livestock from a person engaged in farming or ranching
operations, hereinafter referred to as the seller for thepurposes of
this section, takes free of a security interest created by the seller
even though the security interest is perfected and even though the
buyer knows of its existence.
(2) A buyer other than a buyer in the ordinary course of business
takes free of a security interest to the extent that it secures future
advances made after the secured party acquires knowledge of the
purchase or more than forty-five (45) days after the purchase,
whichever first occurs, unless made pursuant to a commitment entered
into without knowledge of the purchase and before the expiration of
the forty-five-day period.
(3) (a) Before issuing an instrument in payment for farm products
other than livestock, a merchant purchasing such products from a
seller or a commission merchant selling such products as an agent for
a seller shall require said seller to execute a certificate disclosing
the names of all lenders, if any, to whom security interests have been
given in such farm products. If no such security interests exist, the
certificate shall so state. The certificate shall include a warning
that any false statement as to the identity of the lenders is a felony
and is punishable by imprisonment in the state penitentiary for a
period not to exceed three (3) years or in the county jail for a
period not to exceed one (1) year, or by a fine not to exceed Five
Hundred Dollars ($500.00). The certificate shall be substantially in
the following form:
STATE OF ______________)
) SS:
COUNTY OF _____________)
The undersigned is the legal owner of the farm products being sold to
(through)__________________________("Merchant") and hereby states that
the following listed lender or lenders have been given a security
interest(s) in such farm products:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
WARNING: ANY UNTRUE STATEMENT AS TO THE IDENTIFICATION OF SUCH LENDERS
IS A FELONY UNDER OKLAHOMA LAW AND IS PUNISHABLE BY IMPRISONMENT IN
THE PENITENTIARY FOR A PERIOD NOT EXCEEDING THREE (3) YEARS OR IN THE
COUNTY JAIL NOT EXCEEDING ONE (1) YEAR, OR BY A FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00).
This form may be witnessed by the merchant or an agent of the merchant
or it must be notarized by a notary public.
SELLER:____________________________
Print Name:________________________
Signature:_________________________
WITNESS:________________________________________________________
Print Name:_________________________
Signature:__________________________ OR
Subscribed and sworn to before me this _______ day
of ______________, 19__.
____________________________
Notary Public
My Commission Expires:
______________________
(b) The merchant shall enter the names of the lenders disclosed in the
certificate on the instrument in payment for the farm products as
joint payees. The endorsement of said lenders and the seller shall be
required to negotiate said instrument. The instrument shall be issued
as the net purchase price for payment for the farm products.
(c) Any false statement as to the identity of the lenders shall be
deemed to be a violation of Section 1834 of Title 21 of the Oklahoma
Statutes.
(d) The merchant shall retain the certificate for a period of at least
three (3) years. Such certificates shall be made available to such
lenders during the regular business hours of such merchant.
(e) Any merchant purchasing farm products other than livestock from a
seller, or selling such farm products for a fee or commission for a
seller, who does not comply with the provisions of this section is
liable to the secured party for any loss sustained by such party from
the sale of the farm products when payment is made by the merchant to
the seller. In such situation, the merchant takes the farm products
subject to any perfected security interest which may exist in such
farm products.
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