30-9A-501. Filing office. (1) Except as otherwise provided in subsection (2), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
(a) the office designated for the filing or recording of a mortgage on the real property if:
(i) the collateral is as-extracted collateral or timber to be cut; or
(ii) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
(b) the office of secretary of state in all other cases, including if the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(2) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement that is or is to become fixtures.
(3) The office in which a financial institution is required to file an effective financing statement, as defined in 7 U.S.C. 1631, is the office of the secretary of state.
History: En. Sec. 71, Ch. 305, L. 1999; Sec. 30-9-521, MCA 1999; redes. 30-9A-501 by Code Commissioner, 2001; amd. Sec. 3, Ch. 207, L. 2005; amd. Sec. 32, Ch. 44, L. 2007.
Structure Montana Code Annotated
Chapter 9A. Uniform Commercial Code Secured Transactions
30-9A-503. Name of debtor and secured party
30-9A-504. Indication of collateral
30-9A-506. Effect of errors or omissions
30-9A-507. Effect of certain events on effectiveness of financing statement
30-9A-508. Effectiveness of financing statement if new debtor becomes bound by security agreement
30-9A-509. Persons entitled to file record
30-9A-510. Effectiveness of filed record
30-9A-511. Secured party of record
30-9A-512. Amendment of financing statement
30-9A-513. Termination statement
30-9A-514. Assignment powers of secured party of record
30-9A-515. Duration and effectiveness of financing statement -- effect of lapsed financing statement
30-9A-516. What constitutes filing -- effectiveness of filing
30-9A-517. Effect of indexing errors
30-9A-518. Claim concerning inaccurate or wrongfully filed record
30-9A-520. Acceptance and refusal to record
30-9A-521. Uniform form of written financing statement and amendment
30-9A-522. Maintenance and destruction of records
30-9A-523. Information from filing office -- sale or license of records
30-9A-524. Delay by filing office