State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-611

SECTION 6A-9-611

   § 6A-9-611  Notification before dispositionof collateral. – (a) "Notification date." In this section, "notification date" means theearlier of the date on which:

   (1) A secured party sends to the debtor and any secondaryobligor an authenticated notification of disposition; or

   (2) The debtor and any secondary obligor waive the right tonotification.

   (b) Notification of disposition required. Except asotherwise provided in subsection (d), a secured party that disposes ofcollateral under § 6A-9-610 shall send to the persons specified insubsection (c) a reasonable authenticated notification of disposition.

   (c) Persons to be notified. To comply with subsection(b), the secured party shall send an authenticated notification of dispositionto:

   (1) The debtor;

   (2) Any secondary obligor; and

   (3) If the collateral is other than consumer goods:

   (i) Any other person from which the secured party hasreceived, before the notification date, an authenticated notification of aclaim of an interest in the collateral;

   (ii) Any other secured party or lienholder that, 10 daysbefore the notification date, held a security interest in or other lien on thecollateral perfected by the filing of a financing statement that:

   (A) Identified the collateral;

   (B) Was indexed under the debtor's name as of that date; and

   (C) Was filed in the office in which to file a financingstatement against the debtor covering the collateral as of that date; and

   (iii) Any other secured party that, 10 days before thenotification date, held a security interest in the collateral perfected bycompliance with a statute, regulation, or treaty described in §6A-9-311(a).

   (d) Subsection (b) inapplicable: perishable collateral;recognized market. Subsection (b) does not apply if the collateral isperishable or threatens to decline speedily in value or is of a typecustomarily sold on a recognized market.

   (e) Compliance with subsection (c)(3)(ii). A securedparty complies with the requirement for notification prescribed by subsection(c)(3)(ii) if:

   (1) Not later than 20 days or earlier than 30 days before thenotification date, the secured party requests, in a commercially reasonablemanner, information concerning financing statements indexed under the debtor'sname in the office indicated in subsection (c)(3)(ii); and

   (2) Before the notification date, the secured party:

   (i) Did not receive a response to the request forinformation; or

   (ii) Received a response to the request for information andsent an authenticated notification of disposition to each secured party orother lienholder named in that response whose financing statement covered thecollateral.

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-611

SECTION 6A-9-611

   § 6A-9-611  Notification before dispositionof collateral. – (a) "Notification date." In this section, "notification date" means theearlier of the date on which:

   (1) A secured party sends to the debtor and any secondaryobligor an authenticated notification of disposition; or

   (2) The debtor and any secondary obligor waive the right tonotification.

   (b) Notification of disposition required. Except asotherwise provided in subsection (d), a secured party that disposes ofcollateral under § 6A-9-610 shall send to the persons specified insubsection (c) a reasonable authenticated notification of disposition.

   (c) Persons to be notified. To comply with subsection(b), the secured party shall send an authenticated notification of dispositionto:

   (1) The debtor;

   (2) Any secondary obligor; and

   (3) If the collateral is other than consumer goods:

   (i) Any other person from which the secured party hasreceived, before the notification date, an authenticated notification of aclaim of an interest in the collateral;

   (ii) Any other secured party or lienholder that, 10 daysbefore the notification date, held a security interest in or other lien on thecollateral perfected by the filing of a financing statement that:

   (A) Identified the collateral;

   (B) Was indexed under the debtor's name as of that date; and

   (C) Was filed in the office in which to file a financingstatement against the debtor covering the collateral as of that date; and

   (iii) Any other secured party that, 10 days before thenotification date, held a security interest in the collateral perfected bycompliance with a statute, regulation, or treaty described in §6A-9-311(a).

   (d) Subsection (b) inapplicable: perishable collateral;recognized market. Subsection (b) does not apply if the collateral isperishable or threatens to decline speedily in value or is of a typecustomarily sold on a recognized market.

   (e) Compliance with subsection (c)(3)(ii). A securedparty complies with the requirement for notification prescribed by subsection(c)(3)(ii) if:

   (1) Not later than 20 days or earlier than 30 days before thenotification date, the secured party requests, in a commercially reasonablemanner, information concerning financing statements indexed under the debtor'sname in the office indicated in subsection (c)(3)(ii); and

   (2) Before the notification date, the secured party:

   (i) Did not receive a response to the request forinformation; or

   (ii) Received a response to the request for information andsent an authenticated notification of disposition to each secured party orother lienholder named in that response whose financing statement covered thecollateral.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-9 > 6a-9-611

SECTION 6A-9-611

   § 6A-9-611  Notification before dispositionof collateral. – (a) "Notification date." In this section, "notification date" means theearlier of the date on which:

   (1) A secured party sends to the debtor and any secondaryobligor an authenticated notification of disposition; or

   (2) The debtor and any secondary obligor waive the right tonotification.

   (b) Notification of disposition required. Except asotherwise provided in subsection (d), a secured party that disposes ofcollateral under § 6A-9-610 shall send to the persons specified insubsection (c) a reasonable authenticated notification of disposition.

   (c) Persons to be notified. To comply with subsection(b), the secured party shall send an authenticated notification of dispositionto:

   (1) The debtor;

   (2) Any secondary obligor; and

   (3) If the collateral is other than consumer goods:

   (i) Any other person from which the secured party hasreceived, before the notification date, an authenticated notification of aclaim of an interest in the collateral;

   (ii) Any other secured party or lienholder that, 10 daysbefore the notification date, held a security interest in or other lien on thecollateral perfected by the filing of a financing statement that:

   (A) Identified the collateral;

   (B) Was indexed under the debtor's name as of that date; and

   (C) Was filed in the office in which to file a financingstatement against the debtor covering the collateral as of that date; and

   (iii) Any other secured party that, 10 days before thenotification date, held a security interest in the collateral perfected bycompliance with a statute, regulation, or treaty described in §6A-9-311(a).

   (d) Subsection (b) inapplicable: perishable collateral;recognized market. Subsection (b) does not apply if the collateral isperishable or threatens to decline speedily in value or is of a typecustomarily sold on a recognized market.

   (e) Compliance with subsection (c)(3)(ii). A securedparty complies with the requirement for notification prescribed by subsection(c)(3)(ii) if:

   (1) Not later than 20 days or earlier than 30 days before thenotification date, the secured party requests, in a commercially reasonablemanner, information concerning financing statements indexed under the debtor'sname in the office indicated in subsection (c)(3)(ii); and

   (2) Before the notification date, the secured party:

   (i) Did not receive a response to the request forinformation; or

   (ii) Received a response to the request for information andsent an authenticated notification of disposition to each secured party orother lienholder named in that response whose financing statement covered thecollateral.