8.9A-509 - A-509. Persons entitled to file a record.
§ 8.9A-509. Persons entitled to file a record.
(a) Person entitled to file record. A person may file an initial financingstatement, amendment that adds collateral covered by a financing statement,or amendment that adds a debtor to a financing statement only if:
(1) the debtor authorizes the filing in an authenticated record or pursuantto subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at thetime of filing and the financing statement covers only collateral in whichthe person holds an agricultural lien.
(b) Security agreement as authorization. By authenticating or becoming boundas debtor by a security agreement, a debtor or new debtor authorizes thefiling of an initial financing statement, and an amendment, covering:
(1) the collateral described in the security agreement; and
(2) property that becomes collateral under § 8.9A-315 (a) (2), whether or notthe security agreement expressly covers proceeds.
(c) Acquisition of collateral as authorization. By acquiring collateral inwhich a security interest or agricultural lien continues under § 8.9A-315 (a)(1), a debtor authorizes the filing of an initial financing statement, and anamendment, covering the collateral and property that becomes collateral under§ 8.9A-315 (a) (2).
(d) Person entitled to file certain amendments. A person may file anamendment other than an amendment that adds collateral covered by a financingstatement or an amendment that adds a debtor to a financing statement only if:
(1) the secured party of record authorizes the filing; or
(2) the amendment is a termination statement for a financing statement as towhich the secured party of record has failed to file or send a terminationstatement as required by § 8.9A-513 (a) or (c), the debtor authorizes thefiling, and the termination statement indicates that the debtor authorized itto be filed.
(e) Multiple secured parties of record. If there is more than one securedparty of record for a financing statement, each secured party of record mayauthorize the filing of an amendment under subsection (d).
(2000, c. 1007.)