§ 25-9-710. Special transitional provision for maintaining and searching local-filing office records.
§ 25‑9‑710. Special transitional provision for maintaining and searching local‑filingoffice records.
(a) In this section:
(1) "Former‑Article‑9records" means:
a. Financing statementsand other records that have been filed in the local‑filing office beforeJuly 1, 2001, and that are, or upon processing and indexing will be, reflectedin the index maintained, as of June 30, 2001, by the local‑filing officefor financing statements and other records filed in the local‑filingoffice before July 1, 2001; and
b. The index as of June30, 2001.
Theterm does not include records presented to a local‑filing office forfiling after June 30, 2001, whether or not the records relate to financingstatements filed in the local‑filing office before July 1, 2001.
(2) "Local‑filingoffice" means a filing office, other than the office of the Secretary ofState, that is designated as the proper place to file a financing statementunder G.S. 25‑9‑401(1) of former Article 9. The term applies onlywith respect to a record that covers a type of collateral as to which thefiling office is designated in that section as the proper place to file.
(b) A local‑filingoffice must not accept for filing a record presented after June 30, 2001,whether or not the record relates to a financing statement filed in the local‑filingoffice before July 1, 2001. This subsection does not apply, with respect tofinancing statements and other records, to a filing office in which mortgagesor records of mortgages on real property are required to be filed or recorded,if:
(1) The collateral istimber to be cut or as‑extracted collateral; or
(2) The record is orrelates to a financing statement filed as a fixture and the collateral is goodsthat are or are to become fixtures.
(c) Until July 1, 2008,each local‑filing office must maintain all former‑Article‑9records in accordance with former Article 9. A former‑Article‑9record that is not reflected on the index maintained at June 30, 2001, by thelocal‑filing office must be processed and indexed, and reflected on theindex as of June 30, 2001, as soon as practicable but in any event no laterthan July 30, 2001.
(d) Until at least June30, 2008, each local‑filing office must respond to requests forinformation with respect to former‑Article‑9 records relating to adebtor and issue certificates, in accordance with former Article 9. The feescharged for responding to requests for information relating to a debtor andissuing certificates with respect to former‑Article‑9 records mustbe the fees in effect under former Article 9 on June 30, 2001.
(e) After June 30,2008, each local‑filing office may remove and destroy, in accordance withany then applicable record retention law of this State, all former‑Article‑9records, including the related index.
(f) Repealed bySession Laws 2001‑231, s. 7. (2000‑169, s. 1; 2001‑231, s. 7.)