There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 97 - Transition Provisions
Section 9705 - Effectiveness of action taken before effective date
§ 9705. Effectiveness of action taken before effective date.
(a) Pre-effective-date action; one-year perfection period
unless reperfected.--If action, other than the filing of a
financing statement, is taken before Revised Division 9 takes
effect and the action would have resulted in priority of a
security interest over the rights of a person that becomes a
lien creditor had the security interest become enforceable
before Revised Division 9 takes effect, the action is effective
to perfect a security interest which attaches under Revised
Division 9 within one year after Revised Division 9 takes
effect. An attached security interest becomes unperfected one
year after Revised Division 9 takes effect unless the security
interest becomes a perfected security interest under Revised
Division 9 before the expiration of that period.
(b) Pre-effective-date filing.--The filing of a financing
statement before July 1, 2001, is effective to perfect a
security interest to the extent the filing would satisfy the
applicable requirements for perfection under Revised Division 9,
and the effectiveness of such a financing statement shall not be
affected by subsection (c).
(c) Pre-effective-date filing in jurisdiction formerly
governing perfection.--Revised Division 9 does not render
ineffective an effective financing statement which, before
Revised Division 9 takes effect, is filed and satisfies the
applicable requirements for perfection under the law of the
jurisdiction governing perfection as provided in section 9103 of
Former Division 9 (relating to perfection of security interests
in multiple state transactions). However, except as otherwise
provided in subsections (d) and (e) and section 9706 of Revised
Division 9 (relating to when initial financing statement
suffices to continue effectiveness of financing statement), the
financing statement ceases to be effective at the earlier of:
(1) the time the financing statement would have ceased
to be effective under the law of the jurisdiction in which it
is filed; or
(2) June 30, 2006.
(d) Continuation statement.--
(1) Except as set forth in paragraph (2), the filing of
a continuation statement after Revised Division 9 takes
effect does not continue the effectiveness of the financing
statement filed before Revised Division 9 takes effect.
(2) Notwithstanding paragraph (1), upon the timely
filing of a continuation statement after Revised Division 9
takes effect and in accordance with the law of the
jurisdiction governing perfection as provided in Chapter 93
of Revised Division 9 (relating to perfection and priority),
the effectiveness of a financing statement filed in the same
office in that jurisdiction before Revised Division 9 takes
effect continues for the period provided by the law of that
jurisdiction. Filing of a continuation statement shall be
timely under this paragraph if the filing occurs before the
financing statement ceases to be effective but not before the
earlier of:
(i) December 30, 2005; or
(ii) six months before the financing statement
ceases to be effective.
(e) Application of subsection (c)(2) to transmitting utility
financing statement.--Subsection (c)(2) applies to a financing
statement which, before Revised Division 9 takes effect, is
filed against a transmitting utility and satisfies the
applicable requirements for perfection under the law of the
jurisdiction governing perfection as provided in section 9103 of
Former Division 9 only to the extent that Chapter 93 of Revised
Division 9 provides that the law of a jurisdiction other than
the jurisdiction in which the financing statement is filed
governs perfection of a security interest in collateral covered
by the financing statement.
(f) Application of Chapter 95.--A financing statement which
includes a financing statement filed before Revised Division 9
takes effect and a continuation statement filed after Revised
Division 9 takes effect is effective only to the extent that it
satisfies the requirements of Chapter 95 of Revised Division 9
(relating to filing) for an initial financing statement.
(June 30, 2006, P.L.290, No.64, eff. imd.)
2006 Amendment. Act 64 amended subsecs. (b) and (d). Section
2 of Act 64 provided that nothing in the amendment of subsecs.
(b) or (d) shall render ineffective a continuation statement
that was filed prior to the effective date of section 2.
Cross References. Section 9705 is referred to in sections
9702, 9703, 9706, 9707 of this title.
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