30-9A-508. Effectiveness of financing statement if new debtor becomes bound by security agreement. (1) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(2) If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (1) to be seriously misleading under the standard set forth in 30-9A-506:
(a) the financing statement is effective to perfect a security interest in collateral acquired by the new debtor before and within 4 months after the new debtor becomes bound under 30-9A-203(4); and
(b) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than 4 months after the new debtor becomes bound under 30-9A-203(4) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(3) This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under 30-9A-507(1).
History: En. Sec. 78, Ch. 305, L. 1999; Sec. 30-9-528, MCA 1999; redes. 30-9A-508 by Code Commissioner, 2001.
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