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§12A-9-402.
§12A-9-402.
Formal Requisites of Financing Statement; Amendments; Mortgage as
Financing Statement.
(1) A financing statement is sufficient if it gives the names of the
debtor and the secured party, is signed by the debtor, gives an
address of the secured party from which information concerning the
security interest may be obtained, gives a mailing address of the
debtor and contains a statement indicating the types, or describing
the items, of collateral. A financing statement may be filed before a
security agreement is made or a security interest otherwise attaches.
When the financing statement covers crops growing or to be grown, the
statement must also contain a description of the real estate
concerned. When the financing statement covers timber to be cut or
covers 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 of
this title) and the collateral is goods which are or are to become
fixtures, the statement must also comply with subsection (5) of this
section, as applicable, and Section 9-401A of this title. A copy of
the security agreement is sufficient as a financing statement if it
contains the above information and is signed by the debtor. A carbon,
photographic or other reproduction of a security agreement or a
financing statement is sufficient as a financing statement if the
security agreement so provides or if the original has been filed in
this state.
(2) A financing statement which otherwise complies with subsection (1)
is sufficient when it is signed by the secured party instead of the
debtor if it is filed to perfect a security interest in:
(a) collateral already subject to a security interest in another
jurisdiction when it is brought into this state, or when the debtor's
location is changed to this state. Such a financing statement must
state that the collateral was brought into this state or that the
debtor's location was changed to this state under such circumstances;
or
(b) proceeds under Section 9-306 of this title if the security
interest in the original collateral was perfected. Such a financing
statement must describe the original collateral; or
(c) collateral as to which the filing has lapsed; or
(d) collateral acquired after a change of name, identity or corporate
structure of the debtor (subsection (7) of this section).
(3) A form substantially as follows is sufficient to comply with
subsection (1):
Name of debtor (or assignor).........................
Address..............................................
Name of secured party (or assignee)..................
Address..............................................
1. This financing statement covers the following types (or items) of
property:
(Describe)...........................................
2. (If collateral is crops) The above described crops are growing or
are to be grown on:
(Describe Real Estate)...............................
3. (If applicable) The above (goods are to become fixtures on) (timber
is standing on) (minerals or the like (including oil and gas) or
accounts will be financed at the wellhead or minehead of the well or
mine located on):
(Describe Real Estate)...............................
and this financing statement is to be filed against the tract index in
the real estate records.
4. (If products of collateral are claimed) Products of the collateral
are also covered.
.....................................................
Signature of Debtor (or Assignor)....................
.....................................................
Signature of Secured Party (or Assignee).............
(Use whichever signature is applicable)
(4) A financing statement may be amended by filing a writing signed by
both the debtor and the secured party. An amendment does not extend
the period of effectiveness of a financing statement. If any amendment
adds collateral, it is effective as to the added collateral only from
the filing date of the amendment. In this article, unless the context
otherwise requires, the term "financing statement" means the original
financing statement and any amendments.
(5) When a writing constituting a mortgage upon lands, or interests in
lands such as oil and gas leasehold estates, also covers minerals to
be severed from such lands, equipment used in mining, storing,
treating and marketing such minerals and the accounts and proceeds to
be derived from disposition of such minerals contains a legal
description of such lands sufficient to comply with Sections 287, 291
and 298 of Title 19 of the Oklahoma Statutes, as amended, has been
validly executed, acknowledged and recorded in the office of the
county clerk for the county in which such lands are located, such
mortgage shall constitute a financing statement covering such
collateral and no other filing or recording shall be required to
perfect the security interests in such collateral covered by the
mortgage. The mortgage shall remain effective to perfect such security
interests until it shall be released or satisfied of record or its
effectiveness as to the lands or interests in lands described therein
shall be otherwise effectively terminated. A financing statement
covering timber to be cut or covering minerals or the like (including
oil and gas) or accounts subject to subsection (5) of Section 9-103.1
of this title, or a financing statement filed as a fixture filing
(Section 9-313 of this title) where the debtor is not a transmitting
utility, that is not a mortgage as set out in the first sentence of
this subsection, must show that it covers this type of collateral,
must recite that it is to be filed against the tract index in the real
estate records and must comply with Section 9-401A of this title, but
may be recorded and shall be effective as a financing statement even
though it does not comply with the execution and acknowledgement
requirements of Sections 15, 26, 93, 94, or 95 of Title 16 of the
Oklahoma Statutes, as amended, or other statutes, if any, of like
import that would impose requirements beyond those of the kind
encompassed in this title.
(6) A mortgage is effective as a financing statement filed as a
fixture filing from the date of its recording if it complies with
subsection (5) of this section or if:
(a) the goods are described in the mortgage by item or type;
(b) the goods are or are to become fixtures related to the real estate
described in the mortgage;
(c) the mortgage complies with the requirements for a financing
statement in this section other than a recital that it is to be filed
against the tract index; and
(d) the mortgage is duly recorded. No fee with reference to the
financing statement is required other than the regular recording and
satisfaction fees with respect to the mortgage.
(7) A financing statement sufficiently shows the name of the debtor if
it gives the individual, partnership or corporate name of the debtor,
whether or not it adds other trade names or the names of partners.
Where the debtor so changes his name, or in the case of an
organization, its name, identity or corporate structure that a filed
financing statement becomes seriously misleading, the filing is not
effective to perfect a security interest in collateral acquired by the
debtor more than four (4) months after the change, unless a new
appropriate financing statement is filed before the expiration of that
time. A filed financing statement remains effective with respect to
collateral transferred by the debtor even though the secured party
knows of or consents to the transfer.
(8) A financing statement substantially complying with the
requirements of this section is effective even though it contains
minor errors which are not seriously misleading.
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