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2018 Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 9 - Uniform Commercial Code—secured Transactions
Part 7 - Transition.
§ 75-9-710. Special transitional provisions for maintaining and searching local records.

Universal Citation: MS Code § 75-9-710 (2018)
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  • (a) In this section:

    • (1) “Local-filing office” means a filing office, other than the statewide central filing office identified in Section 75-9-401(1) of former Chapter 9, that is designated as the proper place to file a financing statement under Section 75-9-401(1) of former Chapter 9. The term applies only with respect to a record that covers a type of collateral as to which the filing office is designated in that section as the proper place to file.

    • (2) “Former-Chapter-9 records” means:

      • (A) Financing statements and other records that have been filed in a local-filing office before January 1, 2002, and that are, or upon processing and indexing will be, reflected in the index maintained, as of December 31, 2001, by the local-filing office for financing statements and other records filed in the local-filing office before January 1, 2002, and

      • (B) The index as of December 31, 2001.

      • The term does not include records presented to a local-filing office for filing after December 31, 2001, whether or not the records relate to financing statements filed in the local-filing office before January 1, 2002.

    • (3) “Mortgage,” “as-extracted collateral,” “fixture filing,” “goods” and “fixtures” have the meanings set forth in Revised Article 9 for those terms.

  • (b) Except as expressly provided in Part 5 of Chapter 9 as effective on and after January 1, 2002, a local-filing office must not accept for filing a record presented after December 31, 2001, whether or not the record relates to a financing statement filed in the local-filing office before January 1, 2002, other than a termination statement filed in accordance with Section 75-9-707.

  • (c) Until January 1, 2009, each local-filing office must maintain all former-Chapter-9 records in accordance with former Chapter 9. A former-Chapter-9 record that is not reflected on the index maintained at December 31, 2001, by the local-filing office must be processed and indexed, and reflected on the index as of December 31, 2001, as soon as practicable but in any event no later than January 31, 2002.

  • (d) Until at least December 31, 2008, each local-filing office must respond to requests for information with respect to former-Chapter-9 records relating to a debtor and issue certificates in accordance with former Chapter 9.

    • (1) Upon request in writing of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any presently effective financing statements naming a particular debtor thereof, and if there is, giving the date and hour of filing and file number of each such financing statement and the name and address of each secured party or his assignee therein. Each such request shall be accompanied by a search fee of Five Dollars ($5.00) if the request is made on the standard form prescribed by the Secretary of State, and otherwise it shall be Ten Dollars ($10.00). An additional fee of Two Dollars ($2.00) shall be paid by the requesting party for each financing statement listed on the filing officer’s certificate, the aggregate of which shall be billed to the requesting party at the time the filing officer’s certificate is issued. Failure to pay the additional fee by any requesting party when due may result in denial of further service to the requesting party until the amount due has been paid.

    • (2) Upon request, the filing officer shall furnish a copy of any presently effective financing statements on file for a uniform fee of Two Dollars ($2.00) per page naming a particular debtor when the request is made on the form and in the manner hereinbefore provided for listing the same.

  • (e) After December 31, 2008, each local-filing office may remove and destroy, in accordance with any then applicable record retention law of this state, all former-Chapter-9 records, including the related index.

  • (f) This section does not apply, with respect to financing statements and other records, to a filing office in which mortgages or records of mortgages on real property are required to be filed or recorded, if:

    • (1) The collateral is timber to be cut or as-extracted collateral, or

    • (2) The record is or relates to a financing statement filed as a fixture filing and the collateral is goods that are or are to become fixtures.

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