70A-9a-307 - Location of debtor.
70A-9a-307. Location of debtor.
(1) In this section, "place of business" means a place where a debtor conducts its affairs.
(2) Except as otherwise provided in this section, the following rules determine a debtor'slocation:
(a) A debtor who is an individual is located at the individual's principal residence.
(b) A debtor that is an organization and has only one place of business is located at itsplace of business.
(c) A debtor that is an organization and has more than one place of business is located atits chief executive office.
(3) Subsection (2) applies only if a debtor's residence, place of business, or chiefexecutive office, as applicable, is located in a jurisdiction whose law generally requiresinformation concerning the existence of a nonpossessory security interest to be made generallyavailable in a filing, recording, or registration system as a condition or result of the securityinterest's obtaining priority over the rights of a lien creditor with respect to the collateral. IfSubsection (2) does not apply, the debtor is located in the District of Columbia.
(4) A person that ceases to exist, have a residence, or have a place of business continuesto be located in the jurisdiction specified by Subsections (2) and (3).
(5) A registered organization that is organized under the law of a state is located in thatstate.
(6) Except as otherwise provided in Subsection (9), a registered organization that isorganized under the law of the United States and a branch or agency of a bank that is notorganized under the law of the United States or a state are located:
(a) in the state that the law of the United States designates, if the law designates a state oflocation;
(b) in the state that the registered organization, branch, or agency designates, if the law ofthe United States authorizes the registered organization, branch, or agency to designate its state oflocation; or
(c) in the District of Columbia, if neither Subsection (6)(a) nor Subsection (6)(b) applies.
(7) A registered organization continues to be located in the jurisdiction specified bySubsection (5) or (6) notwithstanding:
(a) the suspension, revocation, forfeiture, or lapse of the registered organization's status assuch in its jurisdiction of organization; or
(b) the dissolution, winding up, or cancellation of the existence of the registeredorganization.
(8) The United States is located in the District of Columbia.
(9) A branch or agency of a bank that is not organized under the law of the United Statesor a state is located in the state in which the branch or agency is licensed, if all branches andagencies of the bank are licensed in only one state.
(10) A foreign air carrier under the Federal Aviation Act of 1958, as amended, is locatedat the designated office of the agent upon which service of process may be made on behalf of thecarrier.
(11) This section applies only for purposes of this part.
Enacted by Chapter 252, 2000 General Session