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§12A-9-401.
§12A-9-401.
Place of Filing; Erroneous Filing; Removal of Collateral.
(1) The proper place to file in order to perfect a security interest
is as follows:
(a) when the collateral is equipment used in farming operations,
livestock, farm products, or accounts, contract rights or general
intangibles arising from or relating to the sale of farm products by a
farmer, or consumer goods, then in the office of the county clerk in
the county of the debtor's residence, or if the debtor is not a
resident of this state, then in the office of the county clerk in the
county where the goods are kept, and in addition, when the collateral
is crops, in the office of the county clerk in the county where the
land on which the crops are growing or to be grown is located;
(b) when the collateral is timber to be cut or is minerals or the
like, including oil and gas, or accounts subject to subsection (5) of
Section 9-103.1 of this title, or when the financing statement is
filed as a fixture filing (Section 9-313) and the collateral is goods
which are or are to become fixtures, then in the office where a
mortgage on the real estate would be filed or recorded;
(c) in all other cases, in the office of the county clerk of Oklahoma
County.
(2) Notwithstanding the provisions of subsection (1) of this section,
a secured party asserting a security interest in farm products shall
not have a protected interest against a buyer of farm products,
commission merchant or selling agent absent compliance with the
provisions of Section 6 or 7 of this act.
(3) A filing which is made in good faith in an improper place or not
in all of the places required by this section is nevertheless
effective with regard to any collateral as to which the filing
complied with the requirements of this article and is also effective
with regard to collateral covered by the financing statement against
any person who has knowledge of the contents of such financing
statement.
(4) A filing which is made in the proper county continues effective
for four (4) months after a change to another county of the debtor's
residence or place of business or the location of the collateral,
whichever controlled the original filing. It becomes ineffective
thereafter unless a copy of the financing statement signed by the
secured party is filed in the new county within said period. The
security interest may also be perfected in the new county after the
expiration of the four-month period; in such case perfection dates
from the time of perfection in the new county. A change in the use of
the collateral does not impair the effectiveness of the original
filing.
(5) The rules stated in Section 9-103.1 of this title determine
whether filing is necessary in this state.
(6) Notwithstanding the preceding subsections of this section, and
subject to subsection (3) of Section 9-302, the proper place and
manner to file in order to perfect a security interest in collateral,
including fixtures, of a transmitting utility is the office of the
Secretary of State according to the provisions of Sections 17 and 18
of Title 46 of the Oklahoma Statutes. This filing constitutes a
fixture filing (Section 9-313) as to the collateral described therein
which is or is to become fixtures.
(7) For the purposes of this section, the residence of an organization
is its place of business if it has one, or its chief executive office
if it has more than one place of business.
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