State Codes and Statutes

Statutes > New-york > Ucc > Article-13 > 13-102

Section 13--102. Laws Repealed; Provision for Transition.    (1)  Of  the  laws enumerated in the schedule hereto annexed following  Section 10-105 of this  Act  and  subject  to  the  provisions  of  this  Article, that portion specified in the last column is hereby REPEALED.    (2)  Transactions  validly  entered  into  before  the  effective date  specified in Section 10-105 of this  Act  and  the  rights,  duties  and  interests   flowing  from  them  remain  valid  thereafter  and  may  be  terminated, completed, consummated or enforced as required or  permitted  by  any  statute or other law repealed or modified by this Act as though  such repeal or modification had not occurred;  provided,  however,  that  the  perfection  of a security interest, as defined in this Act (Section  1-201) and however denominated in any law repealed or modified  by  this  Act,         (a) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring a further filing, refiling or recording to continue             its  perfection,  continues  until and will lapse on the date             provided by the law so  repealed  for  such  further  filing,             refiling or recording;         (b) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring   no  further  filing,  refiling  or  recording  to             continue its  perfection,  continues  until  and  will  lapse             twelve months after the date this Act takes effect;         (c) which  was  perfected  when this Act takes effect without any             filing, refiling or recording,  and  for  the  perfection  of             which  the  filing of a financing statement would be required             if this Act applied, continues until and  will  lapse  twelve             months  after  this Act takes effect if the security interest             is in accounts or, otherwise, thirty-six  months  after  this             Act  takes  effect;  unless,  in  each  case,  a continuation             statement is filed by the secured party before the perfection             of the security interest  would  otherwise  lapse.  Any  such             continuation  statement  must be signed by the secured party,             identify the security agreement, statement or notice, however             denominated in any statute or other law repealed or  modified             by  this  Act,  state  the office where and the date when the             last filing, refiling or recording, if  any,  was  made  with             respect  thereto,  and the filing number, if any, or book and             page, if  any,  of  recording  and  further  state  that  the             security agreement, statement or notice, however, denominated             in any statute or other law repealed or modified by this Act,             is  still  effective.  Section  9--501  determines the proper             place to  file  such  a  continuation  statement.  Except  as             specified  in  this subsection and except that the perfection             of the security interest will  lapse  five  years  after  the             filing  of  a  continuation statement in accordance with this             subsection unless another  continuation  statement  is  filed             within  six  months  prior  to  such lapse, the provisions of             Section 9--515 apply to such a continuation statement.    (3) Notwithstanding subsection (2):         (a) The perfection of a security interest, however denominated in             any law repealed by this Act, which was perfected  when  this             Act  takes  effect by a filing, refiling or recording under a             law repealed by this Act, and for the perfection of which, if             this Act applied, no filing of a financing statement would be             required, continues under this Act.(b) A security interest, however denominated in any law  repealed             by  this  Act,  which  was  not perfected when this Act takes             effect but which could have been perfected  before  this  Act             takes  effect  by a filing, refiling or recording under a law             repealed  by  this Act, and which, if this Act applied, could             be perfected by the filing of  a  financing  statement  under             this  Act,  may  be  perfected  by  the filing of a financing             statement in accordance with this Act.         (c) A security interest, however denominated in any law  repealed             or  modified  by  this Act, which was not perfected when this             Act takes effect but which could have been  perfected  before             this   Act   takes  effect  by  the  secured  party's  taking             possession of the collateral under a law repealed or modified             by this Act,  and  which,  if  this  Act  applied,  could  be             perfected  by  the  secured  party's taking possession of the             collateral, may be perfected by the  secured  party's  taking             possession of the collateral in accordance with this Act.         (d) A  continuation statement heretofore filed in accordance with             subsection (2) except for having been filed more than  twelve             months  before  the perfection of the security interest would             otherwise lapse  shall  be  deemed  to  have  been  filed  in             accordance with subsection (2).         (e) A  security  interest  which was perfected when this Act took             effect and the perfection of which was or is continued by the             filing  of  a  continuation  statement  in  accordance   with             subsection  (2)  is  a  perfected  security  interest for the             purposes of Section 9--310.         (f) After  September  first,  nineteen  hundred  sixty-five,   no             further  filing  shall be made in accordance with any statute             repealed by this Act with  respect  to  a  security  interest             perfected   when   this  Act  takes  effect,  except  that  a             certificate of payment or other satisfaction or discharge  of             a  conditional  sale  contract or a certificate of payment or             satisfaction of a chattel mortgage may be filed in accordance             with section seventy-two of  the  personal  property  law  or             section   two   hundred   thirty-eight   of   the  lien  law,             respectively, both repealed by this Act.

State Codes and Statutes

Statutes > New-york > Ucc > Article-13 > 13-102

Section 13--102. Laws Repealed; Provision for Transition.    (1)  Of  the  laws enumerated in the schedule hereto annexed following  Section 10-105 of this  Act  and  subject  to  the  provisions  of  this  Article, that portion specified in the last column is hereby REPEALED.    (2)  Transactions  validly  entered  into  before  the  effective date  specified in Section 10-105 of this  Act  and  the  rights,  duties  and  interests   flowing  from  them  remain  valid  thereafter  and  may  be  terminated, completed, consummated or enforced as required or  permitted  by  any  statute or other law repealed or modified by this Act as though  such repeal or modification had not occurred;  provided,  however,  that  the  perfection  of a security interest, as defined in this Act (Section  1-201) and however denominated in any law repealed or modified  by  this  Act,         (a) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring a further filing, refiling or recording to continue             its  perfection,  continues  until and will lapse on the date             provided by the law so  repealed  for  such  further  filing,             refiling or recording;         (b) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring   no  further  filing,  refiling  or  recording  to             continue its  perfection,  continues  until  and  will  lapse             twelve months after the date this Act takes effect;         (c) which  was  perfected  when this Act takes effect without any             filing, refiling or recording,  and  for  the  perfection  of             which  the  filing of a financing statement would be required             if this Act applied, continues until and  will  lapse  twelve             months  after  this Act takes effect if the security interest             is in accounts or, otherwise, thirty-six  months  after  this             Act  takes  effect;  unless,  in  each  case,  a continuation             statement is filed by the secured party before the perfection             of the security interest  would  otherwise  lapse.  Any  such             continuation  statement  must be signed by the secured party,             identify the security agreement, statement or notice, however             denominated in any statute or other law repealed or  modified             by  this  Act,  state  the office where and the date when the             last filing, refiling or recording, if  any,  was  made  with             respect  thereto,  and the filing number, if any, or book and             page, if  any,  of  recording  and  further  state  that  the             security agreement, statement or notice, however, denominated             in any statute or other law repealed or modified by this Act,             is  still  effective.  Section  9--501  determines the proper             place to  file  such  a  continuation  statement.  Except  as             specified  in  this subsection and except that the perfection             of the security interest will  lapse  five  years  after  the             filing  of  a  continuation statement in accordance with this             subsection unless another  continuation  statement  is  filed             within  six  months  prior  to  such lapse, the provisions of             Section 9--515 apply to such a continuation statement.    (3) Notwithstanding subsection (2):         (a) The perfection of a security interest, however denominated in             any law repealed by this Act, which was perfected  when  this             Act  takes  effect by a filing, refiling or recording under a             law repealed by this Act, and for the perfection of which, if             this Act applied, no filing of a financing statement would be             required, continues under this Act.(b) A security interest, however denominated in any law  repealed             by  this  Act,  which  was  not perfected when this Act takes             effect but which could have been perfected  before  this  Act             takes  effect  by a filing, refiling or recording under a law             repealed  by  this Act, and which, if this Act applied, could             be perfected by the filing of  a  financing  statement  under             this  Act,  may  be  perfected  by  the filing of a financing             statement in accordance with this Act.         (c) A security interest, however denominated in any law  repealed             or  modified  by  this Act, which was not perfected when this             Act takes effect but which could have been  perfected  before             this   Act   takes  effect  by  the  secured  party's  taking             possession of the collateral under a law repealed or modified             by this Act,  and  which,  if  this  Act  applied,  could  be             perfected  by  the  secured  party's taking possession of the             collateral, may be perfected by the  secured  party's  taking             possession of the collateral in accordance with this Act.         (d) A  continuation statement heretofore filed in accordance with             subsection (2) except for having been filed more than  twelve             months  before  the perfection of the security interest would             otherwise lapse  shall  be  deemed  to  have  been  filed  in             accordance with subsection (2).         (e) A  security  interest  which was perfected when this Act took             effect and the perfection of which was or is continued by the             filing  of  a  continuation  statement  in  accordance   with             subsection  (2)  is  a  perfected  security  interest for the             purposes of Section 9--310.         (f) After  September  first,  nineteen  hundred  sixty-five,   no             further  filing  shall be made in accordance with any statute             repealed by this Act with  respect  to  a  security  interest             perfected   when   this  Act  takes  effect,  except  that  a             certificate of payment or other satisfaction or discharge  of             a  conditional  sale  contract or a certificate of payment or             satisfaction of a chattel mortgage may be filed in accordance             with section seventy-two of  the  personal  property  law  or             section   two   hundred   thirty-eight   of   the  lien  law,             respectively, both repealed by this Act.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-13 > 13-102

Section 13--102. Laws Repealed; Provision for Transition.    (1)  Of  the  laws enumerated in the schedule hereto annexed following  Section 10-105 of this  Act  and  subject  to  the  provisions  of  this  Article, that portion specified in the last column is hereby REPEALED.    (2)  Transactions  validly  entered  into  before  the  effective date  specified in Section 10-105 of this  Act  and  the  rights,  duties  and  interests   flowing  from  them  remain  valid  thereafter  and  may  be  terminated, completed, consummated or enforced as required or  permitted  by  any  statute or other law repealed or modified by this Act as though  such repeal or modification had not occurred;  provided,  however,  that  the  perfection  of a security interest, as defined in this Act (Section  1-201) and however denominated in any law repealed or modified  by  this  Act,         (a) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring a further filing, refiling or recording to continue             its  perfection,  continues  until and will lapse on the date             provided by the law so  repealed  for  such  further  filing,             refiling or recording;         (b) which  was  perfected when this Act takes effect by a filing,             refiling or recording under a law repealed by  this  Act  and             requiring   no  further  filing,  refiling  or  recording  to             continue its  perfection,  continues  until  and  will  lapse             twelve months after the date this Act takes effect;         (c) which  was  perfected  when this Act takes effect without any             filing, refiling or recording,  and  for  the  perfection  of             which  the  filing of a financing statement would be required             if this Act applied, continues until and  will  lapse  twelve             months  after  this Act takes effect if the security interest             is in accounts or, otherwise, thirty-six  months  after  this             Act  takes  effect;  unless,  in  each  case,  a continuation             statement is filed by the secured party before the perfection             of the security interest  would  otherwise  lapse.  Any  such             continuation  statement  must be signed by the secured party,             identify the security agreement, statement or notice, however             denominated in any statute or other law repealed or  modified             by  this  Act,  state  the office where and the date when the             last filing, refiling or recording, if  any,  was  made  with             respect  thereto,  and the filing number, if any, or book and             page, if  any,  of  recording  and  further  state  that  the             security agreement, statement or notice, however, denominated             in any statute or other law repealed or modified by this Act,             is  still  effective.  Section  9--501  determines the proper             place to  file  such  a  continuation  statement.  Except  as             specified  in  this subsection and except that the perfection             of the security interest will  lapse  five  years  after  the             filing  of  a  continuation statement in accordance with this             subsection unless another  continuation  statement  is  filed             within  six  months  prior  to  such lapse, the provisions of             Section 9--515 apply to such a continuation statement.    (3) Notwithstanding subsection (2):         (a) The perfection of a security interest, however denominated in             any law repealed by this Act, which was perfected  when  this             Act  takes  effect by a filing, refiling or recording under a             law repealed by this Act, and for the perfection of which, if             this Act applied, no filing of a financing statement would be             required, continues under this Act.(b) A security interest, however denominated in any law  repealed             by  this  Act,  which  was  not perfected when this Act takes             effect but which could have been perfected  before  this  Act             takes  effect  by a filing, refiling or recording under a law             repealed  by  this Act, and which, if this Act applied, could             be perfected by the filing of  a  financing  statement  under             this  Act,  may  be  perfected  by  the filing of a financing             statement in accordance with this Act.         (c) A security interest, however denominated in any law  repealed             or  modified  by  this Act, which was not perfected when this             Act takes effect but which could have been  perfected  before             this   Act   takes  effect  by  the  secured  party's  taking             possession of the collateral under a law repealed or modified             by this Act,  and  which,  if  this  Act  applied,  could  be             perfected  by  the  secured  party's taking possession of the             collateral, may be perfected by the  secured  party's  taking             possession of the collateral in accordance with this Act.         (d) A  continuation statement heretofore filed in accordance with             subsection (2) except for having been filed more than  twelve             months  before  the perfection of the security interest would             otherwise lapse  shall  be  deemed  to  have  been  filed  in             accordance with subsection (2).         (e) A  security  interest  which was perfected when this Act took             effect and the perfection of which was or is continued by the             filing  of  a  continuation  statement  in  accordance   with             subsection  (2)  is  a  perfected  security  interest for the             purposes of Section 9--310.         (f) After  September  first,  nineteen  hundred  sixty-five,   no             further  filing  shall be made in accordance with any statute             repealed by this Act with  respect  to  a  security  interest             perfected   when   this  Act  takes  effect,  except  that  a             certificate of payment or other satisfaction or discharge  of             a  conditional  sale  contract or a certificate of payment or             satisfaction of a chattel mortgage may be filed in accordance             with section seventy-two of  the  personal  property  law  or             section   two   hundred   thirty-eight   of   the  lien  law,             respectively, both repealed by this Act.