2006 New York Code - Request For Accounting; Request Regarding List Of Collateral Or Statement Of Account



 
  Section 9--210. Request   for  Accounting;  Request  Regarding  List  of
                    Collateral or Statement of Account.
    (a) Definitions in this section:
         (1) "Request" means a record of a  type  described  in  paragraph
             (2), (3), or (4).
         (2) "Request for an accounting" means a record authenticated by a
             debtor requesting that the recipient provide an accounting of
             the  unpaid  obligations secured by collateral and reasonably
             identifying the  transaction  or  relationship  that  is  the
             subject of the request.
         (3) "Request  regarding  a  list  of  collateral"  means a record
             authenticated by  a  debtor  requesting  that  the  recipient
             approve  or  correct a list of what the debtor believes to be
             the  collateral  securing  an   obligation   and   reasonably
             identifying  the  transaction  or  relationship  that  is the
             subject of the request.
         (4) "Request regarding a statement of  account"  means  a  record
             authenticated  by  a  debtor  requesting  that  the recipient
             approve or correct a statement  indicating  what  the  debtor
             believes  to  be  the  aggregate amount of unpaid obligations
             secured by collateral as of a specified date  and  reasonably
             identifying  the  transaction  or  relationship  that  is the
             subject of the request.
    (b) Duty to respond to requests. Subject to subsections (c), (d), (e),
  and (f), a secured party, other than a buyer of accounts, chattel paper,
  payment intangibles, or promissory notes or a  consignor,  shall  comply
  with a request within 14 days after receipt:
         (1) in the case of a request for an accounting, by authenticating
             and sending to the debtor an accounting; and
         (2) in  the case of a request regarding a list of collateral or a
             request regarding a statement of account,  by  authenticating
             and sending to the debtor an approval or correction.
    (c) Request regarding list of collateral; statement concerning type of
  collateral.  A secured party that claims a security interest in all of a
  particular type of collateral owned by the  debtor  may  comply  with  a
  request  regarding  a  list  of  collateral  by sending to the debtor an
  authenticated record including a statement to that effect within 14 days
  after receipt.
    (d) Request regarding list  of  collateral;  no  interest  claimed.  A
  person that receives a request regarding a list of collateral, claims no
  interest  in the collateral when it receives the request, and claimed an
  interest in the collateral at an earlier  time  shall  comply  with  the
  request  within  14  days  after  receipt  by  sending  to the debtor an
  authenticated record:
         (1) disclaiming any interest in the collateral; and
         (2) if known to the recipient, providing  the  name  and  mailing
             address  of  any  assignee of or successor to the recipient's
             interest in the collateral.
    (e) Request for accounting  or  regarding  statement  of  account;  no
  interest  in obligation claimed. A person that receives a request for an
  accounting or a request regarding a  statement  of  account,  claims  no
  interest in the obligations when it receives the request, and claimed an
  interest  in  the  obligations  at an earlier time shall comply with the
  request within 14 days  after  receipt  by  sending  to  the  debtor  an
  authenticated record:
         (1) disclaiming any interest in the obligations; and
         (2) if  known  to  the  recipient, providing the name and mailing
             address of any assignee of or successor  to  the  recipient's
             interest in the obligations.
    (f) Charges  for responses. A debtor is entitled without charge to one
  response to a request under this section during  any  six-month  period.
  The  secured party may require payment of a charge not exceeding $25 for
  each additional response.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.