West Virginia Code
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper
§46-9-503. Name of Debtor and Secured Party

(a) Sufficiency of debtor's name. -- A financing statement sufficiently provides the name of the debtor:
(1) Except as otherwise provided in paragraph (3) of this section, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed with or issued or enacted by the debtor's jurisdiction of organization which purports to state, amend or restate the registered organization's name;
(2) Subject to subsection (f) of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and indicates that collateral is being administered by a personal representative;
(3) If the collateral is held in a trust that is not a registered organization, only if the financing statement:
(A) Provides, as the name of the debtor:
(i) If the organic record of the trust specifies a name for the trust, the name specified; or
(ii) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
(B) In a separate part of the financing statement:
(i) If the name is provided in accordance with subparagraph (A)(i), indicates that the collateral is held in a trust; or
(ii) If the name is provided in accordance with subparagraph (A)(ii), provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
(4) Subject to subsection (g), if the debtor is an individual to whom this state has issued a driver's license that has not expired, only if the financing statement provides the name of the individual which is indicated on the driver's license;
(5) If the debtor is an individual to whom subdivision (4) does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
(6) In other cases:
(A) If the debtor has a name, only if the financing statement provides the organizational name of the debtor; and
(B) If the debtor does not have a name, only if it provides the names of the partners, members, associates or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
(b) Additional debtor-related information. -- A financing statement that provides the name of the debtor in accordance with subsection (a) of this section is not rendered ineffective by the absence of:
(1) A trade name or other name of the debtor; or
(2) Unless required under subsection (a)(6)(B) of this section, names of partners, members, associates or other persons comprising the debtor.
(c) Debtor's trade name insufficient. -- A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.
(d) Representative capacity.-- Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
(e) Multiple debtors and secured parties. -- A financing statement may provide the name of more than one debtor and the name of more than one secured party.
(f) Name of decedent. -- The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under subdivision (a)(2) of this section.
(g) Multiple driver's licenses. -- If this state has issued to an individual more than one driver's license of a kind described in subdivision (a)(4) of this section, the one that was issued most recently is the one to which subdivision (a)(4) refers.
(h) Definition. -- In this section, the "name of the settlor or testator" means:
(1) If the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend, or restate the settlor's name; or
(2) In other cases, the name of the settlor or testator indicated in the trust's organic record.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 9. Secured Transactions; Sales of Accounts and Chattel Paper

§46-9-101. Short Title

§46-9-102. Definitions and Index of Definitions

§46-9-103. Purchase-Money Security Interest; Application of Payments; Burden of Establishing

§46-9-103a. &Quot;production-Money Crops"; &Quot;production-Money Obligation"; Production-Money Security Interest; Burden of Establishing

§46-9-104. Control of Deposit Account

§46-9-105. Control of Electronic Chattel Paper

§46-9-106. Control of Investment Property

§46-9-107. Control of Letter-of-Credit Right

§46-9-108. Sufficiency of Description

§46-9-109. Scope

§46-9-110. Security Interests Arising Under Article Two or Two-A

§46-9-201. General Effectiveness of Security Agreement

§46-9-202. Title to Collateral Immaterial

§46-9-203. Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

§46-9-204. After-Acquired Property; Future Advances

§46-9-205. Use or Disposition of Collateral Permissible

§46-9-206. Security Interest Arising in Purchase or Delivery of Financial Asset

§46-9-207. Rights and Duties of Secured Party Having Possession or Control of Collateral

§46-9-208. Additional Duties of Secured Party Having Control of Collateral

§46-9-209. Duties of Secured Party if Account Debtor Has Been Notified of Assignment

§46-9-210. Request for Accounting; Request Regarding List of Collateral or Statement of Account

§46-9-301. Law Governing Perfection and Priority of Security Interests

§46-9-302. Law Governing Perfection and Priority of Agricultural Liens

§46-9-303. Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

§46-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts

§46-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property

§46-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

§46-9-307. Location of Debtor

§46-9-308. When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

§46-9-309. Security Interest Perfected Upon Attachment

§46-9-310. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

§46-9-311. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations and Treaties

§46-9-312. Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, Goods Covered by Documents, Instruments, Investment Property, Letter-of-Credit Rights and Money; Perfection by Permissive Filing; Temporary Perfection Without...

§46-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

§46-9-314. Perfection by Control

§46-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds

§46-9-316. Effect of Change in Governing Law

§46-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

§46-9-318. No Interest Retained in Right to Payment That Is Sold; Rights and Title of Seller of Account or Chattel Paper With Respect to Creditors and Purchasers

§46-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers

§46-9-320. Buyer of Goods

§46-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business

§46-9-322. Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

§46-9-323. Future Advances

§46-9-324. Priority of Purchase-Money Security Interests

§46-9-324a. Priority of Production-Money Security Interests and Agricultural Liens

§46-9-325. Priority of Security Interests in Transferred Collateral

§46-9-326. Priority of Security Interests Created by New Debtor

§46-9-327. Priority of Security Interests in Deposit Account

§46-9-328. Priority of Security Interests in Investment Property

§46-9-329. Priority of Security Interests in Letter-of-Credit Right

§46-9-330. Priority of Purchaser of Chattel Paper or Instrument

§46-9-331. Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article Eight

§46-9-332. Transfer of Money; Transfer of Funds From Deposit Account

§46-9-333. Priority of Certain Liens Arising by Operation of Law

§46-9-334. Priority of Security Interests in Fixtures and Crops

§46-9-335. Accessions

§46-9-336. Commingled Goods

§46-9-337. Priority of Security Interests in Goods Covered by Certificate of Title

§46-9-338. Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

§46-9-339. Priority Subject to Subordination

§46-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

§46-9-341. Bank's Rights and Duties With Respect to Deposit Account

§46-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement

§46-9-401. Alienability of Debtor's Rights

§46-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort

§46-9-403. Agreement Not to Assert Defenses Against Assignee

§46-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee

§46-9-405. Modification of Assigned Contract

§46-9-406. Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles and Promissory Notes Ineffective

§46-9-407. Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest

§46-9-408. Restrictions on Assignment of Promissory Notes, Health-Care-Insurance Receivables and Certain General Intangibles Ineffective

§46-9-409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective

§46-9-501. Filing Office

§46-9-502. Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement

§46-9-503. Name of Debtor and Secured Party

§46-9-504. Indication of Collateral

§46-9-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments and Other Transactions

§46-9-506. Effect of Errors or Omissions

§46-9-507. Effect of Certain Events on Effectiveness of Financing Statement

§46-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

§46-9-509. Persons Entitled to File a Record

§46-9-510. Effectiveness of Filed Record

§46-9-511. Secured Party of Record

§46-9-512. Amendment of Financing Statement

§46-9-513. Termination Statement

§46-9-514. Assignment of Powers of Secured Party of Record

§46-9-515. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

§46-9-516. What Constitutes Filing; Effectiveness of Filing

§46-9-516a. Filing Fraudulent Records; Civil and Criminal Penalties; Administrative Proceedings; Immunity From Liability

§46-9-517. Effect of Indexing Errors

§46-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record

§46-9-519. Numbering, Maintaining and Indexing Records; Communicating Information Provided in Records

§46-9-520. Acceptance and Refusal to Accept Record

§46-9-521. Written Financing Statement and Amendment Thereto

§46-9-522. Maintenance and Destruction of Records

§46-9-523. Information From Filing Office; Sale or License of Records

§46-9-524. Delay by Filing Office

§46-9-525. Fees

§46-9-526. Filing-Office Rules

§46-9-527. Duty to Report

§46-9-601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles or Promissory Notes

§46-9-602. Waiver and Variance of Rights and Duties

§46-9-603. Agreement on Standards Concerning Rights and Duties

§46-9-604. Procedure if Security Agreement Covers Real Property or Fixtures

§46-9-605. Unknown Debtor or Secondary Obligor

§46-9-606. Time of Default for Agricultural Lien

§46-9-607. Collection and Enforcement by Secured Party

§46-9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

§46-9-609. Secured Party's Right to Take Possession After Default

§46-9-610. Disposition of Collateral After Default

§46-9-611. Notification Before Disposition of Collateral

§46-9-612. Timeliness of Notification Before Disposition of Collateral

§46-9-613. Contents and Form of Notification Before Disposition of Collateral: General

§46-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

§46-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

§46-9-616. Explanation of Calculation of Surplus or Deficiency

§46-9-617. Rights of Transferee of Collateral

§46-9-618. Rights and Duties of Certain Secondary Obligors

§46-9-619. Transfer of Record or Legal Title

§46-9-620. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

§46-9-621. Notification of Proposal to Accept Collateral

§46-9-622. Effect of Acceptance of Collateral

§46-9-623. Right to Redeem Collateral

§46-9-624. Waiver

§46-9-625. Remedies for Secured Party's Failure to Comply With Article

§46-9-626. Action in Which Deficiency or Surplus Is in Issue

§46-9-627. Determination of Whether Conduct Was Commercially Reasonable

§46-9-628. Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor

§46-9-701. Effective Date

§46-9-702. Savings Clause

§46-9-703. Security Interest Perfected Before Effective Date

§46-9-704. Security Interest Unperfected Before Effective Date

§46-9-705. Effectiveness of Action Taken Before Effective Date

§46-9-706. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-707. Amendment of Preeffective-Date Financing Statement

§46-9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement

§46-9-709. Priority

§46-9-801. Effective Date

§46-9-802. Savings Clause

§46-9-803. Security Interest Perfected Before Effective Date

§46-9-804. Security Interest Unperfected Before Effective Date

§46-9-805. Effectiveness of Action Taken Before Effective Date

§46-9-806. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

§46-9-807. Amendment of Preeffective-Date Financing Statement

§46-9-808. Person Entitled to File Initial Financing Statement or Continuation Statement

§46-9-809. Priority