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2020 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 9 - Secured Transactions
Part 5 - Filing
§ 47-9-509. Persons Entitled to File a Record
Universal Citation:
TN Code § 47-9-509 (2020)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
- the debtor authorizes the filing in an authenticated record or pursuant to subsection (b) or (c); or
- the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
- Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
- the collateral described in the security agreement; and
- property that becomes collateral under § 47-9-315(a)(2), whether or not the security agreement expressly covers proceeds.
- Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under § 47-9-315(a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under § 47-9-315(a)(2).
- Person entitled to file certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
- the secured party of record authorizes the filing; or
- the amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by § 47-9-513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
- Multiple secured parties of record. If there is more than one (1) secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).
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